Rukmini Devi v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47405 of 2016 Arising Out of PS.Case No. -1149 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================
1. Rukmini Devi, aged about 70 years wife of Late Ramayan Prasad resident of MIG 283, Kankarbgah under Kankarbagh police Station, District- Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Santosh Kumar S/o Late Shyama Das Resident of Mohalla- Loha Ka Pool, Patna City, P.S.- Mehdiganj, Distt- Patna, Patna- 800008. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nalin Kumar For the Opposite Party/s : Mr. Sri Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-02-2017 Heard the learned counsel for the petitioner, the learned A.P.P. for the State as also the learned counsel for the Complainant.
In this application for anticipatory bail the petitioner apprehends her arrest in connection with Complaint Case No. 1149 of 2013 for the offence punishable under section 420 of the I.P.C.
Allegedly, Rajeev Kumar, the son of the petitioner took Rs. 4,00,000/- from the complainant to provide job in the railway but did not provide job and further he is not ready to return the amount.
Patna High Court Cr.Misc. No.47405 of 2016 (3) dt.03-02-2017 2/2 Submission is that the petitioner is the mother, she has got no role in taking the money or giving any assurance, she has unnecessarily been made accused only with a view to give colour to the case and as such she deserves sympathetic consideration. The learned A.P.P. duly assisted by the learned counsel for the complainant opposes prayer for pre-arrest bail by submitting that the co-accused was granted bail by the Hon'ble Court on the condition that he will deposit Rs. 25,000/- but he did not deposit the same and became absconder.
In the facts and circumstances as stated above, considering that the main accused is Rajeev Kumar, the son of the petitioner and as such the petitioner, in case of her arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall 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. Sri Shushant Ranjan, J.M. 1st Class, Patna City, Patna in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.
(Jitendra Mohan Sharma, J) Abhay/- U T