Nirmala Devi @ Nirmala Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4313 of 2024 Arising Out of PS. Case No.-87 Year-2014 Thana- TARAIYA District- Saran ====================================================== Nirmala Devi @ Nirmala Kumari W/o Late Hariom Sharma, D/o Sri Jagdish Prasad Singh R/o vill - Taraiya, P.s. - Taraiya, Distt. - Saran ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Branch Manager, State Bank of India, Taraiya Branch, Saran Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Avnish Kumar Singh For the Opposite Party/s :

Mr. Pramod Kumar Pandey For the Bank :

Mr. Binod Bihari Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner, learned counsel for the Bank as well as learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 420, 467, 468 of the Indian Penal Code.

3. Earlier the bail application of the petitioner was dismissed by a co-ordinate Bench of this Court on 01.02.2021 passed in Cr. Misc. No.30065 of 2020.

4. Allegedly, Rs.2,48,000/- is said to have been transferred into the account of the petitioner on the strength of a fake cheque book and out of the said amount, petitioner

Patna High Court CR. MISC. No.4313 of 2024(2) dt.17-02-2024 2/3 withdrew Rs.1,72,512/-.

5. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. She has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. He further submits that the petitioner is ready to return the amount of Rs.1,72,512/- to the concerned Bank and the rest amount is still in her account which has already been freezed by the Bank. Petitioner has no criminal antecedent, which is also mentioned in para-3 of the bail application.

6. Learned Additional Public Prosecutor for the State as well as learned counsel for the Bank opposed the prayer for anticipatory bail.

7. Having regard to the facts and circumstances of the case as the petitioner is ready to deposit Rs.1,72,512/- in the concerned Bank, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Taraiya P.S. Case

Patna High Court CR. MISC. No.4313 of 2024(2) dt.17-02-2024 3/3 No.87 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T