Anju Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25778 of 2023 Arising Out of PS. Case No.-891 Year-2022 Thana- MAKHDUMPUR District- Jehanabad ====================================================== ANJU KUMARI Wife of Dharmendra Kumar Verma Resident of villageShripur, Post and Police Station-Ghosi, District-Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sushma Kumari For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-07-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Makhdumpur P.S. Case No. 891 of 2022 registered for the offence punishable under Section 406, 420 read with Section 34 of the Indian Penal Code. The allegation is regarding the husband of the petitioner, who is an Assistant in State Bank of India, Makhdumpur Branch, having committed fraud and deposited cash amount of Rs. 10,000,00/-, in the account of his wife on 11.4.2022 and on the same day, the said amount of Rs. 10,000,00/- was then deposited in the bank account of one Manjit Lal of Punjab. The learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.25778 of 2023(2) dt.07-07-2023 2/3 petitioner is innocent, she has been falsely implicated in the present case and she is having a clean antecedent. The learned counsel for the petitioner has further submitted that admittedly, the petitioner has not been alleged to have swindled the aforesaid amount of the bank and in fact, her husband, who is Assistant in the State of India, Makhdumpur Branch, is alleged to have deposited the bank's cash amount to the tune of Rs. 10,000,00/- in the account of the petitioner. It is further submitted that the husband of the petitioner, who may be the main accused person, has already been granted the privilege of anticipatory bail by a coordinate Bench of this Court, vide order dated 24.6.2023, passed in Criminal Miscellaneous No. 21847 of 2023.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner, taking into account the materials available on record as also considering the parity of the case of the petitioner with that of the co-accused person, who has already been granted the privilege of anticipatory bail by a coordinate Bench of this Court, I deem it fit and proper to admit the petitioner to the

Patna High Court CR. MISC. No.25778 of 2023(2) dt.07-07-2023 3/3 privilege of anticipatory bail.

Accordingly, the petitioner is directed to be enlarged on anticipatory bail, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Jehanabad, in connection with Makhdumpur P.S.Case No. 891 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) Ajay/- U T