Ritu Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29627 of 2023 Arising Out of PS. Case No.-35 Year-2018 Thana- JAGDISHPUR District- Bhagalpur ====================================================== Ritu Kumari, Daughter Of Late Arjun Das, Village Gandhipur Bariyarpur PsBariyarpur District Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjan Kumar Jha, Adv For the Opposite Party/s :
Mr.Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 14-07-2023 1.
Heard learned counsel for the petitioner and the learned APP for the State.
2.
The petitioner is apprehending her arrest in connection with Jagdishpur P.S. Case No. 35 of 2018 registered for the offence punishable under Sections 406, 419, and 420 of the Indian Penal Code.
3.
The informant's ATM card has been swapped at the ATM, when he has gone to withdraw some cash on 17.01.2018. On the next date, there is alleged withdrawal of substantial amount from his account. An amount of rupees 40,000/- (Forty thousands) has been deposited in the petitioner's account, whereafter it has been withdrawn from an ATM at Jasidih railway station.
4.
Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.29627 of 2023(2) dt.14-07-2023 2/3 petitioner in fact has become victim of the circumstance. She is a female, suffering form some physical disability, and her account has been used by the perpetrators of the crime. In the circumstances, having no antecedent, she is facing threat of arrest.
5.
Learned APP for the State has opposed the prayer for pre-arrest bail.
6.
Considering the nature of allegations and clean antecedent of the petitioner, this Court is inclined to allow petitioner's prayer for grant of anticipatory bail. 7.
Accordingly, let the petitioner, above named, in the event of her arrest or surrender before the court below within a period of four weeks from today, 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 the learned C.J.M., Bhagalpur in connection with Jagdishpur P.S. Case No. 35 of 2018, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure as also subject to the following conditions:
(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with
Patna High Court CR. MISC. No.29627 of 2023(2) dt.14-07-2023 3/3 the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if she fails to do so on two consecutive dates, her bail bond will be liable to be cancelled.
(Madhuresh Prasad, J) SUMIT/- U T