Urmila Devi v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23246 of 2017 Arising Out of PS.Case No. -725 Year- 2013 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ====================================================== Urmila Devi, Wife of Vinay Ram @ Vinay Rajwar, Resident of Village - Chitbisaw P.S. Rajpur, District - Rothas at Sasaram. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sri Niwas Ram, Son of Late Ramjal Rajwar, resident of Village - Kusahin, P.S. - Nokha, District - Rohtas at Sasaram. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jai Prakash Singh, Advocate. For the Opposite Party/s : Mr. Dilip Kumar A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-05-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends her arrest in Complaint Case No. 725 of 2013 instituted for the offence under Section 420 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that it is a matter of purely civil dispute. There was no any money given by the informant to the petitioner for the aforesaid land. As per complaint petition, the complainant paid Rs.60,000/- to the petitioner who assured him to execute the sale deed in his favour with respect to the land in question but she executed the sale deed of land in favour of Tetari Devi, wife of Hiralal Rajwar.

In this manner, from the narration of the complaint

Patna High Court Cr.Misc. No.23246 of 2017 (2) dt.25-05-2017 2/2 itself, it appears that it is a matter of civil dispute. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Complaint Case No. 725 of 2013, she shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Ms. Kumari Jyotsna, Judicial Magistrate, 1st Class cum Additional Munsif-1, Sasaram Rohtas, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- U T