Jyoti Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10942 of 2023 Arising Out of PS. Case No.-584 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== JYOTI KUMARI D/O RAM VICHAR MISHRA R/v- Bariarpur, P.S.- Bakhtiarpur, District- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

RAJARAM MISHRA S/O MOHAN MISHRA R/v- Rawaich, P.S.- Bakhtiarpur, District- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Adv Mr. Ritwik Thakur, Adv Mrs. Vaishnavi Singh, Adv Mr. Sanjeet Kumar Singh, Adv For the Opposite Party/s :

Mr. Ashok Kumar Singh Mr. Sanjay Kumar @ S.K.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-05-2023 Heard the parties.

The petitioner apprehends her arrest in a case registered for the offence punishable under Sections 420, 468/34 of the Indian Penal Code.

Allegedly, the petitioner took Rs.8 lakhs on credit from the complainant. When the complainant asked the petitioner to return his money back, the petitioner offered the complainant to register a piece of land in his favour. It is alleged that the petitioner did not registered the land in the favour of the complainant and offered a job to him, which also turned out to be fake. It is further alleged that when the complainant kept

Patna High Court CR. MISC. No.10942 of 2023(3) dt.16-05-2023 2/3 demanding for the return of his loan amount, the petitioner threatened him to be killed.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The complainant and the petitioner are relatives. He submits that the complainant has also assured the petitioner to get job in the railway and has taken her signature and subsequently gave forge document to her saying that he is in Indian Railway and finally he started blackmailing the petitioner and accordingly petitioner lodged Bakhtiyarpur P.S. Case No.106 of 2021. The complainant has also retained all the educational certificate of the petitioner and subsequently started torturing her. The father of the petitioner has also lodged case again the complainant being Bakhtiarpur P.S. Case No.273 of 2019 dated 21.08.2019. Petitioner is an unmarried girl and has no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below

Patna High Court CR. MISC. No.10942 of 2023(3) dt.16-05-2023 3/3 within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five 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 Complaint Case No.584(C) of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T