Soni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7058 of 2024 Arising Out of PS. Case No.-227 Year-2023 Thana- WAJIRGANJ District- Gaya ====================================================== 1.

Soni Devi W/o Gaya Sao R/o vill - Odiyar Khurd, P.S. - Wazirganj, Distt. - Gaya 2.

Gaya Sao Son of Late Mani Lal Sao R/o vill - Odiyar Khurd, P.S. - Wazirganj, Distt. - Gaya ... ... Petitioner/s

Versus

1. The State of Bihar

2. Vijay Prasad S/o Sri Shivlal Yadav, R/o Odiyar Khurd, P.S. Wazirganj, District - Gaya.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Mr.Sharda Nand Mishra For the State :

Mr.Choubey Jawahar For the O.P.2 :

Mr.Praveen Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-05-2024 Heard learned counsel for the parties.

2. The petitioners apprehend their arrest in a case registered for offence under Sections 406, 504, 506 of the Indian Penal Code.

3. As per prosecution case, on 10.02.2021, for construction of cow-shed, on the request of petitioners, informant provided building materials as well as labour cost to the tune of Rs. 98,368/- and when informant demanded his money, he was abused and threatened by these petitioners.

4. Learned counsel for the petitioners submits that petitioners, who are wife and husband respectively, have been

Patna High Court CR. MISC. No.7058 of 2024(5) dt.06-05-2024 2/2 falsely implicated in this case. At no point of time, petitioners took any materials from the informant/O.P.-2. He further submits that as per F.I.R., the alleged occurrence took place on 10.02.2021, but the F.I.R. has been lodged on 25.04.2023 without any plausible explanation of delay. Petitioners bear no criminal antecedent.

5. However, learned A.P.P. for the State and learned counsel for the informant / opposite party no. 2 vehemently opposed the prayer for anticipatory bail and submitted that there is specific allegation against these petitioners that they misappropriated Rs. 98,368/- of opposite party no. 2.

6. Considering the nature of accusation, the prayer for anticipatory bail of petitioners is rejected. (Prabhat Kumar Singh, J) anay U T