Most. Hema Devi v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3863 of 2016 Arising Out of PS.Case No. -225 Year- 2014 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Most. Hema Devi Wife of Late Jageshwar Singh, Resident of Village - Sinhpur, P.S. Halsi, District - Lakhisarai.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Smt. Karuna Devi, W/o Ramnat Singh, R/o Village - Sahnaura, District - Patna.

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

For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Md. Nazir Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-01-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a complaint case in which process has been directed to be issued after cognizance being taken for the offences punishable under Sections 406 and 420 of the Indian Penal Code.

The prosecution case is that the petitioner and son Praveen Kumar being mother and brother of the complainant, misappropriated the complainant's gold ornaments worth rupees one lac forty five thousand on the pretext of taking loan on promise to return within six months.

It is submitted by the learned counsel for the petitioner

Patna High Court Cr.Misc. No.3863 of 2016 (2) dt.27-01-2016 2/2 that there is no proof with regard to the entrustment of the jewellery. The petitioner is widow lady and the complainant being her daughter has filed the present complaint just to harass her. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the nature of accusation which has more a civil flavor coupled with the fact that co accused Praveekn Kumar Singh has been granted anticipatory bail vide Cr. Misc. No. 30637 of 2015, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Barh, Patna in connection with Complaint Case No. 225 C of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T