Richa Singh @ Richa Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75724 of 2019 Arising Out of PS. Case No.-239 Year-2018 Thana- OBRA District- Aurangabad ====================================================== 1.
RICHA SINGH @ RICHA KUMARI Daughter of Sinesh Singh Resident of Village - Kareya, P.S.- Risiyap, District - Aurangabad. 2.
Munna Singh @ Munna Kumar Singh Son of Sinesh Singh Resident of Village - Kareya, P.S.- Risiyap, District - Aurangabad. 3.
Santosh Kumar Singh Son of Late Inderdeo Singh Resident of Village - Khairabind, P.S.- Aurangabad (Muffasil), District - Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramakant Sharma, Sr. Adv.
Mr. Pranav Kumar, Adv.
Dr. Indiwar Kumari, Adv.
For the Opposite Party/s :
Mr. Harendra Prasad, Adv.
For the Informant Mr. Ashok Kumar Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-03-2022 Heard learned counsel for the petitioners and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Obera P.S. Case no. 239 of 2018 instituted for the offence punishable under Sections 420, 406/34 of the Indian Penal Code.
Petitioner no. 1 is daughter-in-law of the informant, petitioner no. 2 is brother of petitioner no. 1 and petitioner no. 3 is friend of petitioner no. 2. As per allegation in the FIR,
Patna High Court CR. MISC. No.75724 of 2019(14) dt.30-03-2022 2/3 petitioner nos. 2 and 3 have approached the informant and asserted him that they both were land broker. They have a chunk of land situated on four lane to which they want to sale him, if he wants. Keeping faith on petitioners, informant had given about more than one crore rupees in several installments on different dates. The informant pressurized them for registry to which petitioners denied. With a view to grab the money from the informant, petitioners have cheated the informant in preplanned manner. Learned counsel appearing on behalf of the petitioner has submitted that petitioners are innocent and have been falsely implicated in this case. In fact, informant has lodged the present case to save his skin from a case, which was firstly lodged by petitioner no.
1, daughter-in-law of the informant. Petitioner nos. 2 and 3 have executed two sale deed in favour of wife of informant for total conisderation money. Amount of rs. 6,50,000/- was remitted back to the informant on 21.5.2018 by R.T.G.S. and second time amount of Rs. 6,50,000/- on 22.5.2018. The present FIR is purely civil in nature and the same relates to transaction of money for land which has already been done.
Learned APP appearing for the State as well as
Patna High Court CR. MISC. No.75724 of 2019(14) dt.30-03-2022 3/3 learned counsel for the informant has opposed the prayer of Bail.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Obera P.S. Case no. 239 of 2018, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Aurangabad subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) sushma/- U