Ruchi Devi @ Ruchi Priya @ Priya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32037 of 2024 Arising Out of PS. Case No.-1359 Year-2023 Thana- KHAJANCHI HAT District- Purnia ====================================================== Ruchi Devi @ Ruchi Priya @ Priya Wife Of Sri Rajiv Kumar Singh Resident Of Itahari, P.S. - Jankinagar, District - Purnia ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dinkar Kumar, Advocate Mr. Ajit Kumar, Advocate For the State :

Mr. Mithlesh Kumar Khare, APP For the Informant :

Mr. Raj Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 22-05-2024 Heard Ld. counsel for the petitioner and Ld. APP for the State as well as Ld. counsel for the informant.

2. The petitioner apprehends her arrest in connection with K.Hat (Sahayak) P.S. Case No. 1359 of 2023 dated 10.12.2023, registered for the offences punishable under Sections 406, 420, 467, 468, 471 and 506 of the Indian Penal Code.

3. As per the prosecution case, the co-accused persons including the petitioner have cheated the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that as per the F.I.R., no role has been played by this petitioner in the alleged offence. He further

Patna High Court CR. MISC. No.32037 of 2024(2) dt.22-05-2024 2/3 submits that petitioner has never misrepresented to the informant nor any money has been paid by the informant in the account of the petitioner. He also submits that petitioner has been implicated in this case only because she happens to be the wife of co-accused Rajiv Kumar Singh.

5. It has also been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedent.

6. It is also stated in paragraph no. 2 of the petition that petitioner has never moved before this Hon'ble Court for grant of Anticipatory Bail or Regular Bail.

7. However, Ld. APP for the State and Ld. counsel for the informant vehemently oppose the prayer of the petitioner for anticipatory bail.

8. Considering the aforesaid facts and circumstances of the case, this application is allowed, directing the petitioner above named, to be enlarged on bail in the event of her arrest or surrender before Ld. trial court within a period of eight weeks from the date of receipt / production of a copy of this order, on her furnishing bail bonds in the sum of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. C.J.M./Successor Court, Purnea, in connection with K.Hat (Sahayak) P.S. Case No. 1359 of 2023,

Patna High Court CR. MISC. No.32037 of 2024(2) dt.22-05-2024 3/3 subject to the conditions as laid down under Section 438(2) Cr.P.C. and on the following conditions:

(i) In case, it is brought to the notice of Ld. trial court that the petitioner has any criminal antecedent, Ld. trial court shall cancel the bail bond of the petitioner after hearing her and getting satisfied that the petitioner has concealed her criminal antecedents despite her knowledge of the same. (ii) In case, it is brought to the notice of Ld. trial court that statement regarding previous bail petition is wrong, Ld. trial court shall cancel the bail bond of the petitioner. (Jitendra Kumar, J.) ravishankar/- U T