Madhu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36980 of 2022 Arising Out of PS. Case No.-71 Year-2022 Thana- KHAJEKALA District- Patna ====================================================== MADHU DEVI WIFE OF RAMESH PANDIT R/O HARNAHA TOLA, PATNA CITY, DISTT.-PATNA, (BIHAR)-800008. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajni Kant Singh For the Opposite Party/s :

Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 420, 504, 506 & 406/34 of the Indian Penal Code and Section 138 of the N.I. Act.

The allegation against the petitioner is that she had taken a sum of Rs.2 lakhs from the informant and did not return the same and the cheque issued for this purpose got dishonored. It is submitted by learned counsel for the

Patna High Court CR. MISC. No.36980 of 2022(2) dt.22-11-2022 2/2 petitioner that no such occurrence as alleged ever took place. She has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. As a matter of fact, when it came to the knowledge of the informant that the brother of the informant, namely, Sonu Kumar is selling a piece of land, the informant with a mala fide intention planned to illegally usurp the said money. It is further submitted that it is purely a money dispute which is civil in nature and the learned Court below has already taken cognizance under Section 138 N.I. Act. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

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. 25,000/- (Rupees Twenty Five 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 Khajekala P.S. Case No. 71 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J.)