Rinki Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67862 of 2024 Arising Out of PS. Case No.-200 Year-2024 Thana- BEUR District- Patna ====================================================== 1.
Rinki Kumari W/o Shailesh Kumar R/o Village- Indrapur, Sipara, P.ODelwan, P.S- Beur, District- Patna 2.
Shailesh Kumar S/o Arjun Prasad Singh R/o Village- Indrapur, Sipara, P.ODelwan, P.S- Beur, District- Patna ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Tanuja Kumari W/o- Late Sri Anjani Kumar, R/o- Village - Sikariya, Bhewar Sikariya, P.S. Jahanabad, District - Jahanabad. Present Address - C/o- Alakh Singh, Indrapuri, Sipara, P.S. - Beur, District - Patna. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shambhu Sharan, Advocate For the Opposite Party/s :
Mr. Narendra Kumar Singh, APP For the Informant :
Mr. Sanjay Kumar Verma, Advocate Mr. Abhishek Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-05-2025 Heard Mr. Shambhu Sharan, learned counsel for the petitioners, Mr. Sanjay Kumar Verma, learned counsel appearing on behalf of the informant as well as Mr. Narendra Kumar Singh, learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Beur P.S. Case No. 200 of 2024, F.I.R. dated 21.04.2024 for the offences punishable under Sections 406, 420, 504, 506 and 34 of the Indian Penal Code.
3. According to prosecution case, the informant has given consideration amount to the petitioners for a purchase of
2/4 land but the petitioners have neither executed the sale deed in favour of her nor returned her money.
4. Learned counsel for the petitioners submits that petitioners have clean antecedent and they have falsely been implicated in the present case. As per the allegation the petitioners have received amount to the tune of Rs. 64 lakhs from the informant for executing the sale deed but the petitioners have neither executed the sale deed nor returned the informant's money. He further submits that although the petitioners have given undertaking before the learned Court below that they will pay 40 % of the entire consideration amount i.e., Rs. 25,60,000/- to the informant at the time of furnishing bail bond and rest amount of Rs. 38,40,000/- shall be paid in five equal installments i.e., Rs. 7,68,000/- each month in the first week of consecutive five months but due to some financial hardship the petitioners have not complied the order dated 20.05.2024 passed in ABP No. 1886 of 2024.
5. Learned counsel for the petitioners had produced a demand draft of Rs. 5 lakhs on 14.05.2025 in favour of the informant and the same was received by the counsel for the informant. Learned counsel for the petitioners on instructions submits that the petitioners are ready to pay the rest of the
3/4 amount i.e., Rs. 59 lakhs to the informant in 6 equal monthly installments starting from July, 2025.
6. The learned counsel appearing on behalf of the informant as well as learned Additional Public Prosecutor have no objection in this regard.
7. Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Patna in connection with Beur P.S. Case No. 200 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- i. Petitioners are directed to pay Rs. 59,00,000/- (Rs. Fifty nine lakhs) to the informant in 6 equal monthly installments starting from July, 2025 in the very first week of the month. If the petitioners fails to pay the aforesaid amount in any month then the petitioners shall compensate it by adding it to the next month's installment and if the petitioners fails to
4/4 comply the aforesaid order, the informant has liberty to move before the appropriate forum for cancellation of bail bond of the petitioners.
ii. Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below. iii. If the petitioners tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iv. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Vanisha/- U T