Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27789 of 2025 Arising Out of PS. Case No.-857 Year-2018 Thana- KHAGARIA District- Khagaria ====================================================== Sunita Devi W/O Anil Kumar Mahton R/o- Bhagwan Chak, P.S- Gangour, Distt. -Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar, Advocate For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends arrest in Khagaria (Gangour) P.S. Case No. 857 of 2018, registered under Sections 406, 419, 420, 467, 468/34 of the Indian Penal Code.

3. The prosecution case, in short, is that, all the accused persons, including this petitioner, have fraudulently got loan of Rs. 98,000/- from the Bank by showing their false and fabricated L.P.C. (Land Possession Certificate).

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Learned counsel for the petitioner also submits that the petitioner is bonafide land owner and is village lady who is

Patna High Court CR. MISC. No.27789 of 2025(2) dt.09-05-2025 2/3 also illiterate. The petitioner has neither applied for any K.C.C. loan using forged L.P.C. nor any disbursed amount of loan has been withdrawn by the petitioner. In spite of this, the petitioner is ready to pay the amount/principle amount i.e. Rs. 98,000/- in installments. The petitioner has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 05.12.2023 passed in Cr. Misc. No. 77595 of 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and since the petitioner ready to return the amount, let the petitioner, above named in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Khagaria (Gangour) P.S. Case No. 857 of 2018, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, with further condition that the petitioner will

Patna High Court CR. MISC. No.27789 of 2025(2) dt.09-05-2025 3/3 deposit Rs. 28,000/- in the Court below at the time of furnishing bail bonds and the remaining amount shall be paid in five equal monthly installments within a period of five months, by 15th of each month.

7. It goes without saying that the aforesaid amount deposited by the petitioner shall be subject to the final outcome of the case.

(Rudra Prakash Mishra, J) Rajorshi/- U T