Jai Laxmi @ Jaya Laxmi v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.19391 of 2018 (2) dt.05-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19391 of 2018 Arising Out of PS.Case No. -779 Year- 2016 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Jai Laxmi @ Jaya Laxmi, Wife of Sri Arun Kumar, resident of Natraj Hotel Gali, Ashok Raj Path, P.S.- Pirbahor, District- Patna, State- Bihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Satyendra Kumar, Son of Rajendra Mistri, resident of Babuaganj, P.S.- Alamganj, District- Patna, State- Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kamlesh Kumar Singh For the Opposite Party/s Mr. Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 05.04.2018 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner apprehends her arrest in connection with Complaint case no. 779 (C)/2016 in which cognizance has been taken for the offences punishable under sections 406, 420, 323 and 379 of the Indian Penal Code.

The accusation against the petitioner is that she took Rs. 2, 95,000/- on pretext to provide government job to the complainant's son and executed a deed of receipt of the aforesaid amount.

Submission on behalf of the petitioner is that the complainant is owner of furniture shop and, as a matter of

Patna High Court Cr.Misc. No.19391 of 2018 (2) dt.05-04-2018 fact, petitioner had given Rs 3, 00000/- to the complainant for purchasing furniture but the complainant failed to provide furniture to the petitioner, the petitioner demanded her money back and thereafter, complainant returned the aforesaid amount and asked the petitioner to execute receipt thereof and thereafter, petitioner executed receipt of the money on non-judicial stamp paper.

Considering the aforesaid facts and circumstances as well as submissions of the parties, it is ordered that in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate III, Patnacity in Complaint case no. 779 (C)/2016 subject to condition as laid down under section 438(2) of the Cr.P.C.

shahid (Hemant Kumar Srivastava,J) U T