Rita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58953 of 2019 Arising Out of PS. Case No.-213 Year-2019 Thana- PATORI District- Samastipur ====================================================== Rita Devi, Wife of Birendra Rai, Resident of Village - laguniya Raghukanth Tola Korbadha, P.S.- Muffasil, Dist.- Samastipur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhay Shankar Singh For the Opposite Party/s :

Mr.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-09-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends her arrest in connection with (Shahpur) Patory P.S. Case No. 213 of 2019, registered under Sections 420, 467, 468 and 471 read with Section 34 of the Indian Penal Code.

The accusation is that Rita Devi (petitioner), who is sister of the informant, Ramakant Rai, along with her husband, Birendra Rai took Rs.1,50,000/- from him for the purpose to perform the marriage of their daughter on assurance to return the same within a year but the money was not returned. When the informant started to give pressure to return the money then both become furious and started to give threatening of dire

Patna High Court CR. MISC. No.58953 of 2019(2) dt.18-09-2019 2/3 consequences. Thereafter under conspiracy, 2.2 decimal land of Plot No. 457 and 8.72 decimal land of Plot No. 890 situated at village Goragama sold by the petitioner in favour of Vikash Kumar Thakur and Pawan Kumar. When the informant came to know about the aforesaid fact and made protest then Vikash Kumar Thakur and Pawan Kumar started to abuse. Learned counsel for the petitioner submits that, in fact, petitioner is the sister of the informant and after death of Bhuneshwar Rai, father of the petitioner and the informant, Janki Devi (mother of the petitioner and informant) used to live with the petitioner and informant sold the land as detailed in the F.I.R.

, which was in her share, but with ulterior motive, only to give undue pressure, the present case has been lodged with false allegation. In fact, Janki Devi, mother of the petitioner and informant, after death of her husband willing to give compassionate appointment to her daughter (petitioner) due to that reason, informant lodged the present case. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.58953 of 2019(2) dt.18-09-2019 3/3 amount each to the satisfaction of the learned Chief Judicial Magistrate, Samastipur, in connection with (Shahpur) Patory P.S. Case No. 213 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T