Ram Dulari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76594 of 2023 Arising Out of PS. Case No.-104 Year-2023 Thana- MAHNAR District- Vaishali ====================================================== RAM DULARI DEVI W/O SURESH SINGH R/O VILLAGE- RUPSIPUR JAOJ, P.S- MAHNAR, DISTT.- VAISHALI.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrityunjay Kumar, Adv For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP For the Informant :

Mr. Arvind Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-04-2024 Heard Mr. Mrityunjay Kumar, learned counsel for the petitioner, Mr. Dilip Kumar No.1, learned APP for the State as well as Mr. Arvind Kumar Sinha, learned counsel for the informant.

2. The petitioner apprehends her arrest in a case registered for the offence punishable under Sections 341, 323, 379, 406, 420, 504, 506, 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and coaccused Suresh Singh executed mahadnama on non-judicial stamp in favor of the informant's son namely Sudhir Rai and Pramod Rai to sell their land on the consideration amount of Rs.14 lacs. When the informant asked to execute the sale deed, the petitioner and other co-accused refused to execute the sale

Patna High Court CR. MISC. No.76594 of 2023(4) dt.03-04-2024 2/3 deed.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. She has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt against the petitioner. He further submits that the informant has not paid the entire consideration amount due to which the petitioner has not executed the sale deed. Petitioner has no criminal antecedent, as also mentioned in para-3 of the bail application.

5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail. It is submitted by the learned counsel for the informant that he has paid the entire consideration amount to the petitioner.

6. Having regard to the facts and circumstances of the case as it is a pure civil nature of dispute between the parties, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court

Patna High Court CR. MISC. No.76594 of 2023(4) dt.03-04-2024 3/3 below where the case is pending/Successor Court in connection with Mahnar P.S. Case No.104 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T