Anita Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82344 of 2023 Arising Out of PS. Case No.-639 Year-2023 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Anita Sinha Wife of Lalan Prasad Shrivastava R/o vill - Ramgaraha, P.S. - Daraundha, Distt. - Siwan, present address Rajshri Marriagae Hall, Mohalla - Malmaliya Chowk Muhammadpur Road, P.S. - Bhagwanpur, Distt. - Siwan ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sachin Tendulkar S/O Late Balihari Chaudhari Village- Pirapur, PostPirapur, Ps.- Jandaha, Dist. Vaishali., 844505. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Singh, Advocate For the State :

Mr. Binod Kumar, A.P.P.

For the O.P. No. 2 :

Mr. Ajay Kumar Thakur, Sr. Advocate Ms. Vaishnavi Singh, Advocate Mr. Purushottam Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner, informant and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 406, 420 & 120(B) of the Indian Penal Code.

3. It is alleged that this petitioner, despite taking Rs. 45 lacs as consideration money in advance, refused to execute the sale deed in favour of the informant.

4. Learned counsel for the petitioner submits that entire prosecution case is false and concocted and this case has been lodged only with a view to grab the property of the

Patna High Court CR. MISC. No.82344 of 2023(3) dt.19-03-2024 2/2 petitioner by pressurizing her. From the F.I.R. it is apparent that not a single penny has been transferred in the account of the petitioner. Moreover, the dispute is purely of civil nature and informant has got other remedy for redressal of his grievances. Petitioner claims clean antecedent.

5. Learned counsel for the informant vehemently opposes the bail application.

6. Considering the facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of her arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Sadar P. S. Case No. 639 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T