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Patna High CourtCR. MISC./21320/2024bail granted

Paro Devi v. The State Of Bihar

2024-04-04Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21320 of 2024 Arising Out of PS. Case No.-61 Year-2023 Thana- ALOULI District- Khagaria ====================================================== PARO DEVI W/O SURESH SAH R/O VILLAGE HARIPUR, WARD NO. 12, P.S- ALOULI, DISTT- KHAGARIA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-04-2024 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest in connection with Alouli P.S. Case No. 61 of 2023 (G.R. No. 479 of 2023) for the offence registered under sections 406, 420 and 34 of the Indian Penal Code lodged on 17.02.2023 by the informant, Santosh Kumar.

3. As per the prosecution story, the informant alleged that for Rs. 7,17,000/-, the accused wanted to execute a land of one 'katha' but later no such execution took place nor the payment was made. Accordingly, the F.I.R.

4. Learned Counsel for the petitioner submits that she is a lady, the husband Suresh Sah as also son Mukesh Kumar are already accused in this case.

Patna High Court CR. MISC. No.21320 of 2024(2) dt.04-04-2024 2/3

5. Learned Counsel for the informant submits that the entire family members are involved in the said conspiracy/cheating of Rs. 7,17,000/-.

6. Though the case of cheating is made out, as Mukesh Kumar and Suresh Sah are already accused in this case, the petitioner is a lady, do not have criminal antecedent, this Court is inclined to extend her privilege of anticipatory bail.

7. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-IV, Khagaria in connection with Alouli P.S. Case No. 61 of 2023 (G.R. No. 479 of 2023) subject to condition as laid down under Section 438(2) of the Cr.P.C.

(i) one of the bailor should be the family member of the petitioner, who shall provide official document to show her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of her bail bond by the Trial court itself;

Patna High Court CR. MISC. No.21320 of 2024(2) dt.04-04-2024 3/3 (iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Neha/- U T