Sangeeta Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35881 of 2014 Arising Out of PS.Case No. -216 Year- 2014 Thana -KANKARBAGH District- PATNA ====================================================== Sangeeta Kumari, W/o Sri Surendra Chaudhary @ Madhu, R/v-Diwan Mohalla, Hamampar, P.S. Khajekala, District-Patna at present R/m-Shanti Bhawan, Devendra Lane, West Ashok Nagar, Road No. 8(E), P.S. Kankarbagh, Dist-Patna.

... .... Petitioner/s

Versus

The State of Bihar .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar Sinha For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 02-03-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 14-6-2014 in connection with Kankarbagh P.S. Case No. 216 of 2014(G.R.No. 3397 of 2014).

The allegation against the petitioner is that she along with her husband had been participating in business for which they had taken huge amount from various persons. The informant Sudha Devi alleged that rupees three lakhs was taken from her by the husband of this petitioner, namely,Surendra Chaudhary, for investing the same in various shares. However, after taking the money from the informant, the husband of this petitioner did not return the same and refused to return the same. It is further submitted that the petitioner's husband is already in custody in connection with the same case and she has also been taken into custody and two children are to fend for themselves, which is

Patna High Court Cr.Misc. No.35881 of 2014 (5) dt.02-03-2015 2 / 2 causing a lot of misery to them. Consequently, she prays that she be released and extended the benefit of bail. Learned counsel for the informant has strenuously urged that this petitioner has been actively participating in the fraud being perpetrated by her husband and that there is material in the case diary so as to connect this petitioner with the offence, as it seems that the money was paid into her account and thereafter it was forwarded to one Ravi Shankar Choudhary in his account bearing Account No. 0251101571033 ( Annexure-A to the counter-affidavit).

After taking all the facts and circumstances into consideration including the period of custody and considering the fact that the money was, in fact, received by the husband of the petitioner and she is a primary school teacher, let the petitioner Sangeeta Kumari be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Patna, in connection with Kankarbagh P.S. Case No. 216 of 2014(G.R.No. 3397 of 2014).

(Anjana Mishra, J) B.Roy/- U