Soni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67356 of 2018 Arising Out of PS. Case No.-182 Year-2018 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Soni Devi W/o Rajesh Rajak R/v- Sandalpur, P.S. Sahebpur Kamal, District Begusarai.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Sabal Kumar Jha, Advocate For the State :

Mr. Shailendra Kumar, APP For the Informant :

Mr. Md. Najmul Hodda, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest for the offences alleged under Sections 420, 467, 468, 471, 120(B) and 34 of the Indian Penal Code registered in connection with Sahebpur Kamal P.S. Case No. 182 of 2018.

3. It is submitted that the petitioner has been falsely implicated in a case of fraudulent sale of the informant's land alleged to have been made to the petitioner by one Nayeem in connivance with Md. Parvej. It is submitted that the petitioner herself is a victim of fraudulent action of the vendors having paid the consideration money to them in good faith. It is stated on instruction that possession of the land however has not been given to the petitioner. The petitioner claims clean antecedents.

4. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be

Patna High Court Cr.Misc. No.67356 of 2018(3) dt.04-01-2019 2/2 released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 5th Begusarai in connection with Sahebpur Kamal P.S. Case No. 182 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and with further conditions - (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, her bail bond shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioner shall cooperate with the investigation, if not already concluded, and make herself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) BT/Chandran U T