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2025 DAILYLAW 16236 (JHR)

MANISHA DEVI v. THE STATE OF JHARKHAND

A.B.A./3672/2024 · 2025-04-07

Anil Kumar Choudhary

body2025

Judgment text

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( 2025:JHHC:10687 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No. 3672 of 2024 Manisha Devi, aged about 44 years, W/o- Mahendra Prasad Gupta, R/o-Village Purani Shahar, Barbigha, P.O. & P.S. Barbigha, District- Shekhpura, Bihar … Petitioner Versus 1. The State of Jharkhand 2. Ashutosh Kumar Gautam, S/o- Surendra Singh, R/o- 136 Co- operative Colony, P.O. & P.S. Bokaro Steel City, District- Bokaro, Jharkhand. … Opp. Parties Coram: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY For the Petitioner : Mr. Mahesh Tewari, Adv. Md. Nasim Akhtar, Adv. For the State : Mr. Santosh Kr. Shukla, Addl.PP For the opp. party : Mr. Nishant Kr. Roy, Adv. 09 / 07.04.2025 Heard the parties. Apprehending her arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Balidih P.S.Case No.15 of 2024 registered for the offences punishable under Sections 420, 406, 467, 468, 469, 470, 471/120-B of the Indian Penal Code. Learned counsel appearing for the petitioner submits that the allegation against the petitioner is that consequent upon an agreement for sale, the petitioner was paid Rs. 21,00,000/- by banking transaction and Rs. 2,50,000/- by cash for which, the informant does not have any document. The agreement dated 13.05.2019 was for 38 decimals of land @ Rs. 1,15,000/- per decimals and total value of the same was Rs. 43,70,000/-. It is the admitted case of the informant that the petitioner executed the power of attorney in favour of the informant and using that power, the informant has already sold 14 Decimals of land to the persons of choice namely Satyendra Sharma. It is then submitted that the allegations against the petitioner are all false and those allegations are general and omnibus in nature. It is next submitted that there is inordinate and unexplained delay in lodging the compliant case no. 374 of 2023 which upon being referred to the police under Section 156 (3), this FIR has been registered. It is further submitted by learned counsel for the petitioner that the petitioner undertakes not to revoke the power of attorney of 18 Decimals of land for which, registered power of attorney has been executed by the petitioner. It is further submitted that the petitioner is ready and willing to repay Rs. 30,000/- as the value of the 18 Decimals of land comes to Rs. 20,70,000/-; provided the informant is ready and willing to receive 30,000/-from the petitioner. It is next submitted that the petitioner is ready to co-operate with the investigation of the case and also undertakes to furnish sufficient security including cash security. It is further submitted by learned counsel for the petitioners that the dispute between the parties is at best a civil dispute and they undertake not to annoy or disturb the informant in any manner during pendency of the case hence, the petitioner be given the privilege of anticipatory bail. The learned Addl. PP and learned counsel for the informant- opp. party no. 2 oppose the prayer for anticipatory bail of the petitioner. The learned counsel for the informant- opp. party no. 2 submits that the informant is not ready and willing to receive Rs. 30,000/- which is due and payable to him by the petitioner and the informant has paid Rs. 19,50,000/- to the brokers who are not the accused persons of the case. Considering aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioner. Hence, in the event of arrest by the police or surrender within a period of six weeks from the date of this order, the petitioner shall be released on bail on depositing Rs. 10,000/- as cash security and on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Bokaro in connection with Balidih P.S.Case No.15 of 2024 subject to the condition that the petitioner will not to annoy or disturb the informant in any manner during pendency of the case and will co-operate with the Investigation of the case and will appear before the Investigating Officer as and when noticed by him and will submit mobile number and photocopy of Aadhaar card at the time of surrender in the court below with an undertaking not to change mobile phone number during the pendency of the case along with the other conditions laid down under section 438 (2) Cr. P.C.. (ANIL KUMAR CHOUDHARY, J.) Smita/-