Vinita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11935 of 2025 Arising Out of PS. Case No.-240 Year-2018 Thana- KARAHGAR District- Rohtas ====================================================== Vinita Devi W/O Santosh Singh @ Santosh Kumar Singh R/o Village-Sidhi, P.S-Kargahar,District-Rohtas Bihar ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The Branch Manager, Sasaram- Bhabhua Central cooperative Bank Ltd, Sasaram, Rohtas R/o Village-Sidhi, P.S-Kargahar,District-Rohtas Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jai Prakash Singh, Advocate For the Opposite Party/s :
Mr.Akshay Lal Pandit, APP For Sasaram Bank :
Mr.Bindhyachal Rai, Advocate For BSFC :
Mr.Shailendra Kr. Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-02-2025 1.
Heard learned Counsel for the petitioner and learned APP for the State.
2.
This is a second attempt on behalf of the petitioner for grant of anticipatory bail, inasmuch as earlier anticipatory bail was granted to the petitioner in connection with Kargahar (Sidhi) PS case no. 240 of 2018 dated 26.06.2018, disclosing offences punishable under Sections 406, 409, 420, 120(B)/34 of the Indian Penal Code, with the condition that petitioner shall refund a sum of Rs. 17,77,850/- in four monthly installments starting from 1st October, 2019 and first installment of Rs. 5 lacs shall be paid by the petitioner positively by 1st October, 2019 and the remaining amount was to be paid in three installments
Patna High Court CR. MISC. No.11935 of 2025(2) dt.21-02-2025 2/3 up to January, 2019. However, the petitioner did not obey the order of this Court and did not surrender and pay any amount within the stipulated time.
3.
Learned Counsel for the petitioner submits that due to Corona having been started in March, 2020, the petitioner could not deposit the amount as agreed by her, however the petitioner arranged the amount and has paid a sum of Rs.39,89,352/- on 30.12.2024, as would be evident from the letter of Branch Manager, Sasaram Bhabhua Central Co-operative, Bank, Kargahar, Sasaram, accordingly submission is that instead of Rs. 17 lac an odd, the petitioner has deposited Rs. 39 lac an odd with interest and this Court may take lenient view in the matter and may consider the subsequent development, in which the petitioner has deposited the entire money with up-to-date interest.
4.
Learned counsel for the Bank accepts that as on today, no amount is outstanding against the petitioner and the entire amount with interest has been deposited to the tune of Rs. 39 lacs an odd.
5.
Regard being had to the submissions made on behalf of the parties and taking into consideration the certificate issued by the Bank, annexed as Annexure-P/3 series and the fact
Patna High Court CR. MISC. No.11935 of 2025(2) dt.21-02-2025 3/3 that Rs. 39 lac an odd amount has been deposited by the petitioner with interest, I am inclined to grant the privilege of anticipatory bail to the petitioner.
6.
This application is, accordingly, allowed.
7.
Let petitioner, abovenamed, in the event of her arrest or surrender before the Court below within two weeks, 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 learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Kargahar (Sidhi) PS case no. 240 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) rinkee/- U T