Manisha Singh @ Manisha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11940 of 2023 Arising Out of PS. Case No.-2230 Year-2020 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== MANISHA SINGH @ MANISHA KUMARI W/O LATE CHITRANJAN SINGH R/v- SDO Road Hajipur, P.S.- Hajipur, District- Vaishali ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Bhola Prasad Singh Son of Late Chandrasekhar Singh Resident of Narayani Nagar, P.S.- Hajipur Town, District - Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Parijat Saurav, Adv.

For the Opposite Party/s :

Mr.Akshay Lal Pandit, APP Mr.Sunil Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-07-2023 Heard learned counsel for the petitioner, learned counsel for the O.P. No.2 and learned APP for the State. The petitioner apprehends her arrest in a case registered for the offence punishable u/s 406, 420 and 34 of the IPC. Allegation against the petitioner is that she along with one Roshni Vishwakarma on the pretext of getting admission of the son of the complainant in a prestigious college, took Rs.1.5 Lakhs from the complainant and when his son did not get the desired Branch, he withdrew his admission. It is further alleged that the college had returned the said amount but the co-accused only returned Rs.50,000/- to the

Patna High Court CR. MISC. No.11940 of 2023(3) dt.05-07-2023 2/3 complainant and rest amount is not being returned to him. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. She has been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. The specific allegation to take money is against Roshni Vishwakarma. The present complaint has been filed in the court below when Rs.One Lakh was not returned. It is further submitted that petitioner has no role in the said transaction and there is no allegation against her to receive any amount. Petitioner has no criminal antecedent.

Learned APP for the State as well as learned counsel for the O.P. No.2 opposed the prayer for bail but has not denied the fact that the said money was given to the co-accused. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below 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

Patna High Court CR. MISC. No.11940 of 2023(3) dt.05-07-2023 3/3 learned court below where the case is pending/Successor Court in connection with Criminal Complaint Case No.2230/2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T