Allowed

Ramti Devi v. the State of Bihar

Patna HC14 Jul 2023CR. MISC./22673/2022

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to three petitioners facing charges of cheating, criminal breach of trust, and criminal intimidation. The court held that the dispute is essentially civil regarding land title and noted the petitioners clean antecedents, allowing bail subject to surrender within six weeks and furnishing sureties.

What did the court decide?

Enlarged petitioners on bail by furnishing bonds of Rs. 10,000 each with two sureties of like amount, subject to surrender within six weeks and conditions of Section 438(2) CrPC.

Ramti Devi Vs the State of Bihar — Cheating and Forgery | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22673 of 2022

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Arising Out of PS. Case No.-448 Year-2021 Thana- RUPASPUR District- Patna

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======================================================

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RAMTI DEVI W/o Sri Shyam Narayan Singh Resident of VillageShekhpura, P.S.- Uphara, District- Aurangabad.

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Shyam Narayan Singh S/o Mohan Singh Resident of Village- Shekhpura, P.S.- Uphara, District- Aurangabad.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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======================================================

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with

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CRIMINAL MISCELLANEOUS No. 22044 of 2022

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Arising Out of PS. Case No.-448 Year-2021 Thana- RUPASPUR District- Patna

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====================================================== RITESH KUMAR SINGH @ SONU S/o Sri Syam Narayan Singh R/o Village- Shekhpura, P.S.- Uphara, District- Aurangabad.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 22673 of 2022) For the Petitioner/s : Mr.Kundan Kumar Singh For the Opposite Party/s : Mrs.Anil Kumar Singh No. 1 (In CRIMINAL MISCELLANEOUS No. 22044 of 2022) For the Petitioner/s : Mr.Kundan Kumar Singh For the Opposite Party/s : Mrs.Anil Kumar Singh No. 1 ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH

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ORAL ORDER

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7 14-07-2023 Since both the aforesaid cases arise out of same

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police station case number and as such, both cases were taken up together for consideration of prayer for anticipatory bail.

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Heard learned counsel for the petitioners, State and

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informant.

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Patna High Court CR. MISC. No.22673 of 2022(7) dt.14-07-2023 2/4

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Petitioners (in both cases) apprehend their arrest in a case registered for the offence under Sections 406, 420, 504, 506/34 of the Indian Penal Code.

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As per prosecution case, petitioner no. 1 Ramti Devi and petitioner no. 2 Shyam Narayan Singh (in Cr.Misc. No. 22673/2022) are maternal aunt & maternal uncle (ekSlh – ekSlk) of informant and it is alleged that they took Rs. 50,00,000/(fifty lacs) from the informant from time-to-time i.e. from the year 2014 to 2019 on the assurance that they will register their land, which is situated in Gola Road, Patna in favour of informant, but neither they registered said land in favour of informant nor returned any money to him. It is next alleged that the petitioner namely Ritesh Kumar Singh @ Sonu (in Cr.Misc. No. 22044/2022), who is son of petitioners (in Cr.Misc. No. 22673/2022), firstly abused and threatened the informant and thereafter, demanded Rs. one crore from him for executing saledeed in his favour.

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It is submitted on behalf of petitioners that petitioners of both cases have been falsely implicated in this case and entire F.I.R. is false and concocted. In fact, the informant wants to grab the land of petitioners. No money was given to the petitioners. As a matter of fact, son of petitioners

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Patna High Court CR. MISC. No.22673 of 2022(7) dt.14-07-2023 3/4

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namely Ritesh Kumar Singh @ Sonu (in Cr.Misc. No. 22044/2022) lives in Pune at his working place and taking advantage of this, the informant obtained copy of Aadhar cards with signature from petitioners thereon on the pretext of online mutation of land in question and later on, cunningly converted the same into money receipts (Annexure - 2). It is further submitted that the informant has also filed a suit, vide Title Suit No. 213 of 2021, at Patna. It is lastly submitted that it is a case of civil nature. Petitioners of both cases have got clean antecedent.

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Learned counsel for the State and informant vehemently oppose the bail petitions.

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Considering the nature of dispute, title suit is pending between the parties and the fact that petitioners have got clean antecedent, let petitioners namely Ramti Devi, Shyam Narayan Singh (in Cr.Misc. No. 22673/2022) and petitioner namely Ritesh Kumar Singh @ Sonu (in Cr.Misc. No. 22044/2022), in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate – II, Danapur, District -

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Patna High Court CR. MISC. No.22673 of 2022(7) dt.14-07-2023 4/4

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Patna in connection with Rupaspur P.S. Case No. 448 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Prabhat Kumar Singh, J)

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anay/- U T

Ramti Devi v. the State of Bihar

Case brief

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Ramti Devi v. the State of Bihar

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