Sweta Kumari @ Rina Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34262 of 2014 Arising Out of PS.Case No. -141 Year- 2012 Thana -MAHNAR District- VAISHALI(HAJIPUR) ======================================================

1. Sweta Kumari @ Rina Devi, Wife of Arun Kumar

2. Arun Kumar, S/o-Sri Ram Bilash Mahto, R/o- Village-Jaitipur, P.S.-Islampur, District-Nalanda, at present Primary Health Center Raghopur, P.S.-Raghopur, Distt.-Vaishali .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kripanand Kumar Prabhakar, Advocate For the Opposite Party/s : Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-02-2015 Heard both sides.

The petitioners apprehend their arrest in a case registered under Section 420 and other sections of the Indian Penal Code.

The informant alleged that petitioner no.1 took Rs.1,50,000/- for providing job to the son of the informant, but she neither provided job nor returned the money. Learned counsel for the petitioners submits that the petitioners are tenants of the informant. They never received any money from the informant for providing job to his son. The agreement on non-judicial stamp is forged. The contents of the agreement and the contents of the complaint petition differ with each other.

Patna High Court Cr.Misc. No.34262 of 2014 (2) dt.12-02-2015 2/2 Learned counsel for the informant, on the other hand, vehemently opposed the prayer for anticipatory bail. Perused the record.

It appears that the informant in his complaint petition stated that petitioner no.1 took money from him for providing job to his son, but there is no chit of paper. The agreement said to be executed on non-judicial stamp shows that petitioner no.1 took money for his own purpose and not providing job.

Considering the aforesaid facts, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Mahnar P.S. Case No.141 of 2012, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) PNM U T