Poonam Devi And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.73839 of 2018 Arising Out of PS. Case No.-185 Year-2015 Thana- PATNA COMPLAINT CASE DistrictPatna ======================================================
1. Poonam Devi W/o Gurucharan Sah,
2. Gurucharan Sah, S/o Late Ramnath Sah, Both residents of MohallaJalkaddarbagh, Patna City, P.S.- Malsalami, District- Patna. ... ... Petitioner/s
Versus
1. The State Of Bihar
2. Rekha Kumari, W/o Late Tarkeshwar Narayan Singh, a resident of MohallaJalkadarbagh, Patna City, P.S.- Malsalami, at present E/95 Peoples Cooperative Society, Kankarbagh, Patna, P.S.- Kankarbagh, District- Patna. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Harish Kumar For the Opposite Party/s :
Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-01-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. 185 of 2015, disclosing offences under Sections 420/34 of the Indian Penal Code and Section 138 of N.I. Act.
Allegation as per complaint petition is that the complainant sold her house at Rs.20,12,500/- and Rs.15,12,500/- were paid and cheque of Rs.5,00,000/- were also given which were dishonoured.
Submission of learned counsel for the petitioners is that the sell was conditional with a condition that the complainant shall produce the NOC from the other co-sharer, but she has not produced the same and then the petitioners had
Patna High Court Cr.Misc. No.73839 of 2018(4) dt.25-01-2019 2/2 stopped the payment after informing the bank. Further, they have no criminal antecedents.
Heard learned A.P.P. as well as learned counsel for the informant, they have opposed the prayer for anticipatory bail of the petitioners.
Having heard both sides, considering the above submission, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Patna City, in connection with Complaint Case No. 185 of 2015, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. (Vinod Kumar Sinha, J) Amjad/- U T