Kanchan Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20917 of 2017 Arising Out of PS.Case No. -947 Year- 2016 Thana -NALANDA COMPLAINT CASE DistrictNALANDA (BIHARSHARIFF) ====================================================== Kanchan Devi W/o Raj Kumar Malakar, Resident of Village- Magharha, P.S.- Deepnagar, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Biresh Kumar Sinha For the Opposite Party/s : Mr. Sri Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 13-06-2017 Heard learned counsel for the petitioner and the learned APP appearing on behalf of the State.

Petitioner apprehends her arrest in connection with Complaint Case No.947(C) of 2016, registered under Sections 406, 420, 341, 504 and 506/34 of the Indian Penal Code. Allegation in brief is that Raj Kumar Malakar, husband of the petitioner, approached for loan of Rs.20,000/- to the complainant and the same was given by the complainant. Later on he asked for Rs.60,000/- loan for treatment of his relative and a document was prepared on which the petitioner also put her thumb impression but the loan amount was not returned back by the accused person.

Learned counsel appearing on behalf of the petitioner submits that the specific allegation of taking loan is against the

Patna High Court Cr.Misc. No.20917 of 2017 (2) dt.13-06-2017 2 / 2 husband of the petitioner and not against her. Only she has been implicated in this case because she had put her thumb impression on the document and moreover the loan amount has been returned back. Learned counsel appearing on behalf of the complainant as well as the learned APP opposes the prayer for anticipatory bail and submits that the loan amount was not returned. Having considered the said facts and circumstances and the fact that the specific allegation is against the husband of the petitioner, in the event of arrest/surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioner, above named, 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 the learned Judicial Magistrate, 1st Class, Biharsharif, Nalanda in connection with Complaint Case No. 947(C) of 2016, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Arun Kumar, J.

S.Kumar/- U T