Sudha Devi @ Parmila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11426 of 2015 Arising Out of PS.Case No. -172 Year- 2014 Thana -HARNAUT District- NALANDA (BIHARSHARIFF) ====================================================== Sudha Devi @ Parmila Devi W/o Babloo Bishkarma, Resident of villageRam Janaki Nagar, Gali No.- 5, P.S.- Harnaut, District- Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lallu Prasad For the Opposite Party/s : Mr. Satya Dev Pd.Singh Yadav(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 16-10-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, being one of the Directors of Amri Ganga Agro Industry Ltd., is apprehending his arrest in connection with Harnaut P.S. Case No. 172 of 2014 registered for the offences punishable under Sections 406, 419, 420 of the Indian Penal Code.

Earlier case diary of the present case was called for which has since been received.

Learned counsel for the petitioner submits that out an out malicious allegation has been made against the petitioner and others by one of the Directors of the said company, stating that they closed down the business and hence, duped the money of

depositors. It is further submitted that the informant, himself is also one of the Directors and if at all, there was some misappropriation of money of the depositors, the directors were jointly liable for the same. It is further submitted that from Annexure-2, it appears that all of them have formed the company and the same had been functioning in the house of Anil Kumar at P.S. Harnaut, District - Nalanda, however, due to certain internal differences, the petitioner and her husband were implicated in the present case, stating that the money of the depositors has not been refunded by them.

Learned counsel for the State, after perusal of the case diary submits that though the petitioner was also one of the Directors of the said company, however, there is no further cogent material in the case diary so as to indicate that the money was deposited in her account alone and that other directors had no role to play.

Considering the aforesaid submissions and also the fact that there is no cogent material in the case diary and the petitioner has no criminal antecedent, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of two weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs.

10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Biharsharif Nalanda in connection with Harnaut P.S. Case No. 172 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C..

(Anjana Mishra, J) Jagdish/- U T