Minu Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4207 of 2025 Arising Out of PS. Case No.-452 Year-2024 Thana- SULTANGANJ District- Bhagalpur ====================================================== Minu Kumari Son of Late Kapildev Mandal Resident of Village- Kangoi, P.S.- Mihijam, District- Jamtara (Jharkhand) ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Shabana Khatoon wife of Md. Aurangjeb Resident of Dilgauri, ward no. 2, P.S. Sultanganj, Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kr. Sinha Mr. Rabi Bhushan Mr. Ankit Kumar Jha For the State :
Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 05-08-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending her arrest in a case registered for the offence punishable under Sections 318(4), 319(2), 338, 336, 340(2), 351(2), 61(2), 3(5) of the BNS.
3. Allegation in the first information report is that one Shankar Pd. Sah, who was a friend of the husband of the informant, allured her to join a job in the railway department and brought her into contact with other accused persons and took an amount of Rs. 26,50,000/- from the informant on different dates by way of cash and account transaction with him and other accused persons and his associates gave her forged appointment letter.
Patna High Court CR. MISC. No.4207 of 2025(3) dt.05-08-2025 2/3
4. Learned counsel for the petitioner submits that upon a bare perusal of the first information report, it would appear that the main allegation of alluring the informant is on one Shankar Pd. Sah and the present petitioner is a lady whose name has been taken in context of being one of the persons who was present at the time when the informant was called for filling up the form. Further, the entire transaction in cash and by way of account transaction has happened with other co-accused persons and not with this petitioner. It has been further submitted that the entire purpose of giving money by the informant is illegal and hence, the present case has basically been filed for the purposes of recovery of the said money. It has also been submitted that the petitioner is a lady with two small children.
5. Learned APP for the State has opposed the grant of anticipatory bail on the ground that this petitioner is also involved in the entire transaction and she being the wife of one of the co-accused Deepak Prasad, who has received some amount of money, her role also becomes important. However, in response, it has been submitted that the petitioner has been made accused in this case only on account of the fact that she happens to be the wife of co-accused Deepak Prasad in whose
Patna High Court CR. MISC. No.4207 of 2025(3) dt.05-08-2025 3/3 account there has been some money transaction.
6. Considering the facts and circumstances and especially considering the fact that the petitioner is a lady and there is no money transaction with her, let the above named petitioner in the event of her arrest or surrender before the learned Court below within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten 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 Sultanganj P.S. Case No. 452 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S. (Soni Shrivastava, J) devendra/- U T