Allowed

Neelam Devi v. The State of Bihar

Patna HC7 Nov 2023CR. MISC./71915/2023

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to the petitioner, Neelam Devi, in a case involving alleged cheating under the Indian Penal Code. The court held that the matter involves a breach of civil nature and allowed bail upon furnishing a bond with sureties.

What did the court decide?

Petitioner enlarged on bail by furnishing bond of Rs.10,000/- with two sureties of like amount each.

Neelam 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.71915 of 2023

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Arising Out of PS. Case No.-16 Year-2020 Thana- MADHEPURA COMPALINT CASE District- Madhepura

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NEELAM DEVI wife of Late Devendra Bhagat @ late Devendra Prasad Verma Village- Mithahi Ps- Madhepura Dist- Madhepura P/A- Saraiya PsChautham Dist- Khagaria

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... ... Petitioner

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Versus

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The State of Bihar

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Nand Kishore Sah son of Late Ram Chandra Sah Village- Mathahi PsMadhepura Dist- Madhepura

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... ... Opposite Party

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Appearance :

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For the Petitioner/s : For the Opposite Party/s :

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Mr.Dr. Sanjay Kumar Singh Mr.Satyendra Narayan Singh

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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2 07-11-2023

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Heard learned counsel for the petitioner and the State.

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The petitioner apprehends arrest in a case registered

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for the offence punishable under sections 406/420/467/506 of the Indian Penal Code.

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As per the prosecution case, petitioner despite taking consideration money, refused to register the land in favour of the complainant.

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Learned counsel appearing for the petitioner denies the allegation and submits that from perusal of complaint, it is clear that the consideration money had been taken by the daughter of the complainant herself. Moreover, dispute is purely of civil nature. Mere breach of agreement does not give rise to a

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Patna High Court CR. MISC. No.71915 of 2023(2) dt.07-11-2023 2/2

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criminal prosecution for cheating, unless fraudulent and dishonest intention is shown at the beginning of the transaction.

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Opposite party no.2 has got other remedy available in law.

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Learned counsel for the State opposes the prayer

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for bail.

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Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate 1^st class, Madhepura in Complaint case no. 16 of 2020, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

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(Prabhat Kumar Singh, J)

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Shashi

Neelam Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Neelam Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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