Priyanka Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18266 of 2024 Arising Out of PS. Case No.-72 Year-2022 Thana- AUANGARI District- Nalanda ====================================================== Priyanka Kumari Wife of Parshuram Paswan Resident of Village - Dariya Chak, Police Station - Aungari, District - Nalanda. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shyamal Prakash For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-07-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending his arrest in connection with Aungari P.S Case No. 72 of 2022 dated 21.08.2022 registered for the offence punishable u/s 420, 406, 34 of the I.P.C. and Section 138 of the N.I. Act.
3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have come to the house of the informant and stated the informant to help the villagers in purchasing paddy and wheat. They also stated the informant to work as Munshi and he would also be paid for that work but the informant was not given a penny for his said work rather upon their instigation, the informant got paddy and wheat purchased
Patna High Court CR. MISC. No.18266 of 2024(3) dt.05-07-2024 2/3 for villagers. Thereafter, some payments were made to some of villagers according to the fixed price rate of the grains but 45villagers whose amount 25.5 lacs were not paid by them. However, some of them were handed over bank cheques by the co-accused, Parshuram Paswan which was declared to be dishonored.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the petitioner has no concern with the alleged offence rather the specific allegation is against the co-accused, Parshuram Paswan who has given the bank cheques to the villagers which were also declared to be dishonored subsequent. The petitioner is made accused in this case only because of she is wife of the co-accused Parshuram Paswan. Similarly situated co-accused has already been granted bail by the co-ordinate bench of this court vide order dated 13.02.2024 passed in Cr. Misc. No. 1338 of 2024. There is no specific allegation against the petitioner. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.18266 of 2024(3) dt.05-07-2024 3/3 of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Nalanda, in connection with Aungari P.S Case No. 72 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
7. The application stands allowed.
(Chandra Prakash Singh, J) Jyoti/- U T