Nilam Kumari @ Nilam Sharma @Nilam Kr.Andanr v. The State Of Bihar

Patna High Court Cr.Misc. No.33054 of 2015 (3) dt.15-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33054 of 2015 Arising Out of PS.Case No. -48 Year- 2011 Thana -RAGHOPUR District- VAISHALI(HAJIPUR) ======================================================

1. NILAM KUMARI @ NILAM SHARMA @NILAM KR. D/o- Raj Kumar Sharma, Wife of Raushan Sharma, Mohalla- Shahad Kuan, Hilsa, P.S.- Hilsa, District- Nalanda

2. Raj Kumar Sharma, son of Late Ram Briksh Mistri, Mohalla- Shahad Kuan, Hilsa, P.S.- Hilsa, District- Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s Mr. Manish Kumar-II(App) For the Informant Mr. Ranjan Kr. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 15.10.2015 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State and also heard learned counsel for the informant.

The accusation against the petitioners is that they and one co-accused Raushan Sharma abetted the informant and several other persons to deposit money in a company and thereafter, several persons deposited huge amount in the aforesaid company but subsequently, aforesaid company fled away along with amount of aforesaid persons. Learned counsel for the petitioners points out that coaccused Raushan Sharma has already been granted privilege of bail by a coordinate bench of this court and moreover, informant of the present case is not herself victim of the present case.

Patna High Court Cr.Misc. No.33054 of 2015 (3) dt.15-10-2015 Learned counsel appearing for the informant submits that petitioner no.1 has been enlarged on provisional bail by this court on 21.8.2015 on the basis of wrong submission and, as a matter of fact, she was not pregnant at the time of passing of the aforesaid order. Considering the aforesaid facts and circumstances as well as submissions of the parties, let petitioner no.2, Raj Kumar Sharma be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Sri Afzal Alam, Judicial Magistrate, Ist Class, Vaishali/ concerned court in Raghopur P.S. Case no. 48/2011.

So far as petitioner no.1- Nilam Kumari @ Nilam Sharma @ Nilam Kr is concerned, her prayer for provisional bail is, hereby, confirmed.

shahid (Hemant Kumar Srivastava,J) U T