Munni Devi v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12927 of 2017 Arising Out of PS.Case No. -862 Year- 2014 Thana -WEST CHAMPARAN COMPLAINT DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Munni Devi, wife of Motilal Prasad @ Motilal Sah, R/o Chanpatiya, P.S.- Chanpatiya, District- West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ayodhya Prasad, S/o Late Jugeshwar Prasad, R/o Vill- Chanpatiya, P.S.- Chanpatiya, Dist- West Champaran.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 24-03-2017 Heard learned counsel for the petitioner, learned counsel for the complainant and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 467/468/120B of the Indian Penal Code.

Allegation in the complaint petition is that the petitioner purchased the same property, which was of the complainant, from a non-title holder and as such cheated to the complainant.

In fact in the transaction the petitioner has been cheated as she is the purchaser from a non-title holder.

Patna High Court Cr.Misc. No.12927 of 2017 (2) dt.24-03-2017 2/2 Learned counsel for the complainant opposed the prayer for bail on the ground that the petitioner has purchased knowingly the property of the complainant just to put wrongful gain.

Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, 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 learned Judicial Magistrate, West Champaran, Bettiah/Successor Court in connection with Complaint Case No.862C of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. With further condition that petitioner shall fully cooperate with the investigation and trial of the case, failing which the Court-below shall be at liberty to take steps for cancellation of the bail-bonds of the petitioner in this case.

(Birendra Kumar, J) Mkr./- U T