Kumari Chanchala @ Kumari Chanchala Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7681 of 2017 Arising Out of PS.Case No. -242 Year- 2016 Thana -PATORI District- SAMASTIPUR ====================================================== Kumari Chanchala @ Kumari Chanchala Chaudhary, wife of Amar Prakash Roy @ Dinanath, resident of Village- Chaksalem, P.S. Patory, DistrictSamastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. S.N.P. Sinha, Sr. Advocate Ms. Rashmi Bharti, Advocate.

For the Opposite Party/s : Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-03-2017 Supplementary affidavit has been filed on behalf of the petitioner. Let it be kept on the record. Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends her arrest in connection with Patory P.S. Case No. 242 of 2016 for the offences punishable under sections 420, 467, 468 471/34 of the I.P.C.

Allegedly, the petitioner and her husband duped the informant as well as her sister-in-law by assuring them to provide government job and accordingly, the petitioner and her husband took more than Rs. 4,00,000/- from the informant as well as her sister-in-law.

Submission is of false implication and that the

Patna High Court Cr.Misc. No.7681 of 2017 (2) dt.01-03-2017 2/2 petitioner was herself cheated by one Nirmala Devi, the aforesaid Nirmala Devi took handsome amount from the petitioner in the name of providing job to her and this fact has been admitted by the informant herself in paragraph-37 of the case diary, some other witnesses have also stated the aforesaid facts that Nirmala Devi played important role in the present occurrence, the husband of the petitioner has already been allowed bail vide Cr. Misc. No. 40359 of 2016 and as such the petitioner also deserves sympathetic consideration.

The learned A.P.P. submits that the petitioner is also named in the FIR.

In the facts and circumstances as stated above, considering that the petitioner was also cheated by one Nirmala Devi and as such the petitioner, in case of her arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of. C.J.M. Samastipur in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T