Smt. Prity Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80538 of 2023 Arising Out of PS. Case No.-1580 Year-2022 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== SMT. PRITY GUPTA W/o Sri Kamal Kumar RESIDENT OF MOHALLA ANANDPUR WARD NO 23, ICE FACTORY, BHATTA BAZAR, PS HAT, DISTT. - PURNEA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prashant Kumar, Adv.

For the Opposite Party/s :

Mr.Anil Kumar, APP.

Mr. Akash Keshav, Adv.

Ms. Shuchi Bharti, Adv.

Mr. Shashank Shekhar Sinha, Adv.

Ms. Akanksha Malviya, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-12-2023 Heard learned counsels for the parties.

2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 420, 465, 120B of the Indian Penal Code.

3. Allegedly, having conspiracy, co-accused Vikash Chandra Roy along with other accused persons committed fraud and got the registration of the land of the complainant in favour of the petitioner and other co-accused illegally and in this way, they caused illegal loss of Rs. 17,46,000/- to the complainant.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence.

Patna High Court CR. MISC. No.80538 of 2023(2) dt.18-12-2023 2/3 No such occurrence as alleged ever took place. She has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. She has been named in the FIR merely because she is purchaser of 10 decimal 500 sq. Kari of land by virtue of registered sale deed from accused Vikash Chandra Roy, who is co-sharer of the complainant on valuable consideration. Co-accused Vikash Chandra Roy executed and registered different sale deeds in favour of different purchasers and delivered them possession of land. The real fact is that the petitioner and other purchasers of the land were cheated by coaccused Vikash Chandra Roy. There is property dispute between the complainant and co-sharer and the matter is purely civil in nature. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State as well as learned counsel for the complainant opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.80538 of 2023(2) dt.18-12-2023 3/3 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Complaint Case No. 1580 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T