Sangeeta Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.54909 of 2017 (2) dt.21-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54909 of 2017 Arising Out of PS.Case No. -259 Year- 2015 Thana -PIPRA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Sangeeta Devi, W/o Santosh Mukhiya, R/o Village- Kunwarpur, P.S.- Pipra, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Madhurendra Kumar For the Opposite Party/s : Mr. Sri Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 21-11-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends her arrest in connection with Pipra P.S. Case No. 259 of 2015, registered under Sections 406, 420 and 506 of the Indian Penal Code.

The accusation is that Santosh Mukhiya, husband of the petitioner, took cash of Rs.1,17,000/- to the informant on pretext to send him in Foreign country for job, but the husband of the petitioner did not do so. When the informant asked Santosh Mukhiya, husband of petitioner, to return the money then he started to abuse and threatened to implicate in a false case. Learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.54909 of 2017 (2) dt.21-11-2017 petitioner is not named in the F.I.R., but in course of investigation, the name of the petitioner has surfaced due to ulterior motive, as she is the wife of co-accused, Santosh Mukhiy. Further submission is that petitioner is the lady has no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran, at Motihari, in connection with Pipra P.S. Case No. 259 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T