Vibha Devi @ Vibha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23339 of 2024 Arising Out of PS. Case No.-338 Year-2023 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Vibha Devi @ Vibha Kumari, Wife Of Sunil Kumar Nirala Vill- Kishunpur Madhuban, Ps- Kudhni Dist- Muzaffarpur, P/A- Moh- Atardah Indira Colony Kachchi Pakki Ps- Sadar Dist- Muzaffarpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mr.Shailendra Kumar Mr.Ram Kumar Mr.Anmol Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-05-2024

1. Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner seeks bail in anticipation of her arrest in a case registered for the offences punishable under Sections 406, 420, 506, 504, 326 and 34 of the Indian Penal Code.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a woman and has been falsely implicated in the instant case by the informant. It is further submitted that prima facie in the nature of allegation, no offence under Section 326 of the I.P.C. is made out as no one was injured by acid attack, as such, the said

Patna High Court CR. MISC. No.23339 of 2024(2) dt.01-05-2024 2/3 allegation was levelled only to give a serious colour to the case when the dispute is purely civil in nature. It is further submitted that the husband of the petitioner entered into an agreement with the informant for selling a piece of land and based on the agreement, he received Rs.48 Lacs in his account, but then, the sale deed was not executed.

4. The learned counsel for the petitioner submits that husband of the petitioner was taken in custody and was granted the privilege of provisional regular bail as the husband of the petitioner had agreed to return the amount. It is further submitted that husband of the petitioner out of Rs.48 Lacs has returned an amount of Rs.14 Lacs and odd and rest of the amount shall also be returned. It is further submitted that the petitioner has been implicated in the instant case with a view to coerce her husband into submission.

5. Learned A.P.P. along with learned counsel appearing on behalf of the informant opposes the anticipatory bail application, but then, are not in a position to rebut the submission of the learned counsel appearing on behalf of the petitioner that husband of the petitioner has been granted the privilege of provisional regular bail and he has returned an amount of Rs.14 Lacs and odd.

Patna High Court CR. MISC. No.23339 of 2024(2) dt.01-05-2024 3/3

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of her arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on her furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Muzaffarpur in connection with Muzaffarpur Sadar P. S. Case No.338 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T