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Patna High CourtCR. MISC./4252/2024bail granted

Vineeta Kumari @ Binita Kumari v. The State Of Bihar

2024-02-07Mr. Justice Harish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4252 of 2024 Arising Out of PS. Case No.-274 Year-2022 Thana- SHAMBHUGANJ District- Banka ====================================================== Vineeta Kumari @ Binita Kumari, Wife of Fantush Mandal R/O VILLRudpai PS-Shambhuganj, Dist-Banka ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ajab Lal Mandal Son of Late Rit Lal Mandal R/O Vill-Rudpai, P.O.+ PSShambhuganj, Dist-Banka ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sudhir Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 07-02-2024 Heard Mr. Sudhir Kumar Mishra, learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest in connection with Shambhuganj P.S. Case No. 274 of 2022 registered for the offences punishable under Sections 420, 467, 468, 471, 504, 506 and 323 of the Indian Penal Code.

3. The petitioner is said to be a vendee who purchased a land from the co-accused persons, which was exclusively belonged to the informant.

4. Learned counsel for the petitioner submits, that apart from the petitioner being lady having fair antecedent, she has no concern either of the parties and she had purchased the

Patna High Court CR. MISC. No.4252 of 2024(2) dt.07-02-2024 2/2 land with bonafide intention on payment of handsome amount. He further submits that as per the instruction, the dispute has already been resolved between the co-accused Shivanand Tiwari and the informant.

5. On the other hand, learned counsel for the State, opposes the bail application.

6. Regard being had to the submissions made on behalf of the parties and considering the nature of allegation, which appears to be predominantly civil in nature and moreover the informant is not a remediless and the petitioner is a purchaser, 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 four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Banka in connection with Shambhuganj P.S. Case No. 274 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C, with further condition that one of the bailors shall be the own/close family members of the petitioner. (Harish Kumar, J) rohit/- U T