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Patna High CourtCR. MISC./5571/2020allowed

Seema Devi v. The State Of Bihar

2022-07-06Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5571 of 2020 Arising Out of PS. Case No.-1962 Year-2017 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== SEEMA DEVI Wife of Ram Prasad Pandit Resident of Village - Ratanchak, P.S.- Hathua, District- Gopalganj ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anjali Kumari D/O - Ram Prasad Pandit Resident of Village - Ratanchak, P.S.- Hathua, District- Gopalganj, presently residing with Maternal Grandfather Ramnath Pandit, Village - Turkaha Tola, Turkaha, Ward No. 2, P.S. and District- Gopalganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Shailendra Kumar, Advocate Mr. Vyas Kumar Mishra, Advocate For the State :

Mr. Mohammed Arif, APP For the O.P. No.2 : Mr. Sanjay Kumar Pandey No.5, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-07-2022 Heard learned counsel for the petitioner, learned counsel for the O.P. No.2 and learned APP for the State. From perusal of record, it appears that the petitioner was granted provisional bail vide order dated 28.02.2020. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 420, 406 and 323 of the Indian Penal Code.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. She has been falsely implicated in this case. The allegation levelled against

Patna High Court CR. MISC. No.5571 of 2020(10) dt.06-07-2022 2/2 the petitioner is not specific rather general and omnibus in nature. Petitioner is the second wife of co-accused Ram Prasad Pandit. The said Ram Prasad Pandit has been granted bail by the learned court below with condition that he shall file an undertaking that he shall not withdraw the money from the joint account of the complainant. The complainant, if so advised, may file a modification petition in the learned Court below in B.P. No.960/2019 filed by the father of the complainant for withdrawal of money or separate the money. Petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, the provisional bail granted to the petitioner vide order dated 28.02.2020 is hereby confirmed and this application is, accordingly, disposed of.

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