Sudha Devi @ Suja Devi v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51276 of 2018 Arising Out of PS.Case No. -1107 Year- 2016 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Sudha Devi @ Suja Devi, Wife of Late Virmani Prasad, resident of Village- Chakpitambarpur, P.O.- Dumri, P.S.- Fatuha, District- Patna. .... .... Petitioner
Versus
1. The State of Bihar.
2. Mamta Rani, Wife of Sri Ajy Kumar Yadav, resident of MohallaChammanchak, P.O.- Manoharpur Kachuara, P.S.- Ramkrishna Nagar, Distt.- Patna.
.... .... Opposite Parties ====================================================== Appearance :
For the Petitioner/s : Mr. Akshansh Ankit For the Opposite Party/s : Mr. Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-09-2018 Heard learned counsel for the petitioner.
Petitioner apprehends her arrest in connection with Complaint Case No. 1107(c) of 2016 instituted for the offences punishable under Sections 420, 323, 441, 504, 406 and 120B of the Indian Penal Code.
Allegation against the petitioner is that she entered into an agreement for sale of a piece of land with the complainant and taken Rs.20 lakhs from her and thereafter petitioner has not executed sale deed and not returned the amount. Submission of learned counsel for the petitioner is that as the dispute is with respect to agreement for sale, as such this case
Patna High Court Cr.Misc. No.51276 of 2018 (2) dt.13-09-2018 2/2 is in the nature of civil dispute and no offence is made out against the petitioner and petitioner is a lady.
Heard learned APP and learned counsel for the complainant, who has opposed the prayer for anticipatory bail stating that money has been transferred through RTGS and the same has been received in the account of the petitioner and in spite of that she has not executed sale deed and not returned the money which shows that she has intention to grab the money. Having heard both sides and in the facts and circumstances, I am not inclined to grant privilege of anticipatory bail to the petitioner, rather petitioner to surrender and make prayer for regular bail, which shall be considered on its own merit. With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) spal/- U