Mona Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83670 of 2023 Arising Out of PS. Case No.-987 Year-2022 Thana- BIHAR District- Nalanda ====================================================== MONA KUMARI WIFE OF MINTU KUMAR R/O VILLAGELAKHRAWAN, P.S.- DEEPNAGAR, DISTRICT- NALANDA ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nilendu Kumar Choudhary For the Opposite Party/s :
Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending her arrest in connection with Bihar P.S. Case No. 987 of 2022, dated 13.12.2022, registered for the offences punishable u/s 419, 420, 467, 468, 471, 34 of the Indian Penal Code.
3. As per the prosecution case, the informant has purchased a piece of land bearing plot no. 72, Khata No. 137, Area 10.78 decimals through registered sale deed on 06.10.2018 for total consideration amount of Rs. 35,07,000/- from one Brahmdeo Prasad and came in possession of the same. It has further been alleged that after some times Mintu Kumar started creating obstruction in peaceful possession of the informant and
Patna High Court CR. MISC. No.83670 of 2023(3) dt.06-03-2024 2/3 upon inquiry he said that the said land has been purchased in the name of his wife vide sale deed no. 11830 dated 29.08.2022. The informant has alleged that Mintu Kumar has got the saledeed executed in favour of his wife after impersonating him.
4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. It is further alleged that the co-accused Mintu Kumar and informant are full brother. The co-accused Mintu Kumar purchased the said piece of land in the name of his brother (informant) and he had paid the entire consideration amount to the original vendor namely Brahamdeo Prasad from his own account before execution of sale deed. It is case of civil dispute. Similarly situated co-accused Sitaram Prasad has already been granted anticipatory bail by a coordinate Bench of this Court vide order dated 30.08.2023 passed in Cr. Misc. No. 54992/2023.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case and the nature of allegation against the petitioner, let the above named petitioner, in the event of her arrest/surrender
Patna High Court CR. MISC. No.83670 of 2023(3) dt.06-03-2024 3/3 within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Nalanda at Biharsharif in connection with Bihar P.S. Case No. 987 of 2022, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
7. This application stands allowed.
(Chandra Prakash Singh, J) Ranjeet/- U T