Nitu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29576 of 2023 Arising Out of PS. Case No.-960 Year-2019 Thana- DANAPUR District- Patna ====================================================== Nitu Devi Wife Of Kariman Saw Resident Of Village - Aadampur Piplawan (Adampur Piplawan), P.S.- Naubatpur, District - Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ranjan Kumar Son of Jay Prakash Viswakarma Resident of Bibiganj, Dalwar Road, Near Bulbul Ray Phone, P.S.- Danapur, District - Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Niraj Kumar For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 406, 420 and 34 of the Indian Penal Code and Section 138 of N.I. Act.

3. Allegation against co-accused persons, namely, Kariman Saw(petitioner's husband) is that he committed fraud with the informant by taking total of Rs. 17,00,000/- from the informant in good faith for the purpose of purchasing a piece of land and also for the purpose of treatment of the father of petitioner's husband.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.29576 of 2023(7) dt.29-01-2024 2/2 petitioner is innocent and has committed no offence. She has falsely been implicated in this case only because she is wife of the co-accused who took money from the informant. The nature of this case is civil. She has not taken any amount from the informant and she has nothing to do with the business of her husband. Moreover, the petitioner is languishing in judicial custody since 26.03.2021.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts that petitioner being a land and her period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Danapur P.S. Case No. 960 of 2019 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM 1st, Danapur, Patna.

(Sunil Kumar Panwar, J) lata/- U T