Kavita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55447 of 2019 Arising Out of PS. Case No.-853 Year-2018 Thana- DANAPUR District- Patna ====================================================== KAVITA DEVI Wife of Ram Kumar Mandal Resident of Village-Gangoli Apartment, L.C.T. Ghat Mainpura, P.S.-Patliputra, District-Patna. ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR.
2.
Sami Alam Son of Late Yusuf Tajir Construction, Resident of VillageBibiganj, P.S.-Danapur, District-Patna. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Suresh Prasad, Advocate.
For the State :
Mr. Anil Kumar, Advocate.
For the Opposite Party/s :
Mr. Md. Fahimuddin Advocate.
====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-09-2019 Petitioner seeks bail in anticipation of his arrest in connection with Danapur P.S. Case No. 853 of 2018, registered for the offences punishable under Sections 420, 406, 120B of the Indian Penal Code.
As per the complaint petition complainant had talked with the petitioner and other co-accused persons with respect to the sell of a piece of land and the petitioner and one co-accused received a cheque of rupees five lakhs and executed the deed of agreement. Further appears that rupees five lakhs was given to the petitioner and one Sanjay Kumar but sale deed was not executed. Further allegation against the petitioner is that she had also demanded rupees two lakhs for constructing boundary wall
Patna High Court CR. MISC. No.55447 of 2019(2) dt.02-09-2019 2/3 and for that he has handed over two lakhs to the accused No.2 i.e. husband of the petitioner and when he asked for registration of the land they have not registered the land on the one plea or the other.
Submission of the learned counsel for the petitioner is that she had received Rs. 2,50,000/- and that amount she had already deposited in the account of the opposite party No.3 through RTGS and so far as other amount are concerned the allegation is against other accused persons. Moreover, she is a lady aged about 52 years.
Heard learned A.P.P. and counsel appearing on behalf of the complainant/informant.
In view of the above facts and circumstances, let petitioner, above named in the event of her arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned 1st Additional Chief Judicial Magistrate, Danapur, Patna in connection with Danapur P.S. Case No. 853 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person
Patna High Court CR. MISC. No.55447 of 2019(2) dt.02-09-2019 3/3 having sufficient immovable property within the jurisdiction of the Court concerned.
(Vinod Kumar Sinha, J) T.Kr./- U T