Vandana Devi @ Chandani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38534 of 2018 Arising Out of PS. Case No.-13 Year-2018 Thana- KHODABANDPUR District- Begusarai ====================================================== Vandana Devi @ Chandani Devi W/o Mukesh Prasad Yadav @ Mukesh Mandal, R/o Vill.- Babupur, P.S.- Sabour, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Mr. Vijay Anand, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 09-07-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 06.02.2018 in connection with Khodawandpur P.S. Case No. 13 of 2018 registered for the offence punishable under Sections 419, 420, 231, 232, 489(A), 489(B), 489 ( C), 489(D) and 489(E)/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that one customer came and got certain metal and paid Rs. 2,000/-, which was found to be counterfeit notes. Another businessman was also offered counterfeit notes. On search, the petitioner and other accused, Sanjeev Kumar were caught and from their possession about 25,000/- notes of different

Patna High Court Cr.Misc. No.38534 of 2018(2) dt.09-07-2018 2/3 denomination, which were alleged to be counterfeit notes, were recovered. Accordingly, a seizure-list was prepared. It has been submitted by the learned counsel for the petitioner that she is innocent, bears no criminal history and nothing has been recovered from her possession. He submits that the petitioner is a lady and is languishing in judicial custody for more than five months and that charge-sheet has already been submitted and there is no allegation of tampering with the prosecution witnesses by the petitioner.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.D.J-II, Begusarai in connection with Khodawandpur P.S. Case No. 13 of 2018, subject to the conditions that:

(1) One of the bailors would be close relative of the petitioner having sufficient immovable properties, who will file an affidavit stating his relationship with the

Patna High Court Cr.Misc. No.38534 of 2018(2) dt.09-07-2018 3/3 petitioner.

(2) The petitioner will appear before the learned Court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of her bail bonds.

(Nilu Agrawal, J.) Arjun/- U T