Jyoti Kumari @ Kumari Jyoti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31930 of 2022 Arising Out of PS. Case No.-148 Year-2021 Thana- TATARPUR District- Bhagalpur ====================================================== JYOTI KUMARI @ KUMARI JYOTI W/o - Jayshankar Rajak @ Jay Shankar Prasad Resident of Mohalla - D.D. Nagar, Noorpur, P.S.- Madhusudanpur, District - Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajan, Advocate :
Mr.Parmanand Pd. Nr. Sahi, Advocate For the Opposite Party/s :
Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 406, 420, 504, 506 and 34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that on assurance of the petitioner, the sons of the informant between 15.09.2020 to 20.09.2020 gave nearly Rs. 19 lakhs to the husband of the petitioner in presence of Shiv Rajak for getting them employment in the Railways but the money was misappropriated and the job was also not provided further when the informant and his sons asked them to return the
Patna High Court CR. MISC. No.31930 of 2022(2) dt.16-08-2022 2/3 money, the petitioner threatened the informant and his family to get them implicated in a rape case.
Learned counsel for the petitioner submits that from perusal of the allegation as alleged in the F.I.R. it would manifest that the allegations are vague and cryptic, further the informant does not disclose that as to when and how the money was paid to the husband of the petitioner for getting his sons employed in the Railways. Learned counsel submits that if what has been alleged in the F.I.R. is true then the informant and his sons also become an accomplice to the crime as they wanted to get appointment based on bribe through backdoor and thus in complete breach of Article 16 of the Constitution of India. It is submitted that as far as this petitioner is concerned, it is alleged that on her assurance, the money was given to her husband and she has been implicated only because she is wife of Jai Shankar Rajak.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, be released on
Patna High Court CR. MISC. No.31930 of 2022(2) dt.16-08-2022 3/3 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 the learned court below where the case is pending/successor court in connection with Tatarpur (University) P.S. Case No. 148 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishi/- U T