Binnu Devi @ Beenu Devi And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49372 of 2017 Arising Out of PS.Case No. -1 Year- 2017 Thana -KADAMKUAN District- PATNA ======================================================

1. BINNU DEVI @ BEENU DEVI, W/o Ram Binod Ram,

2. Santoshi Devi W/o Munmun Ram Both are R/o Lohanipur, Khadpar, In front of Neura House, P.S.- Kadam Kuan, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nand Kishor For the Opposite Party/s : Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-10-2017 Heard the learned counsel for the petitioners as well as the learned A.P.P. for the state.

In this application for anticipatory bail the petitioners apprehend their arrest in connection with Kadam Kuan P.S. Case No. 01 of 2017 for the offences punishable under sections 420, 406 and 504 of the I.P.C and section 138 of the N.I. Act. Allegedly, co-accused Vijay Ram took Rs. 2,00,000/- from the informant to construct the house and out of them he returned Rs. 50,000/- and for the rest amount he started evading the matter and ultimately he executed an agreement to return the amount of Rs. 4,000/- per month but after paying Rs. 4,000/- no amount was paid and when the informant went for demand he was assaulted by the petitioners and co-accused and petitioner no.2 snatched amount of Rs. 2,000/- from the pocket of the informant

Patna High Court Cr.Misc. No.49372 of 2017 (2) dt.18-10-2017 2/2 and petitioner no.1 snatched gold chain.

Submission is of false implication and that the allegation under section 379 of the I.P.C. is super addition only with a view to give colour to the case, the petitioners have not taken any amount, it was co-accused Vijay Ram @ Munmum Ram @ Ashok Ram who has taken the amount, the petitioners are ladies and as such they deserve sympathetic consideration. The learned A.P.P. opposes prayer for pre-arrest bail of the petitioners.

In the facts and circumstances stated above, considering that the petitioners have not taken the amount and they are ladies and as such they, in case of their arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Om Prakash, Sub. Judge -VIIth - Cum- A.C.J.M. Patna in connection with the aforementioned case, subject to the condition as laid down under section 438 (2) of the Cr.P.C.

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