Pratibha Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46460 of 2024 Arising Out of PS. Case No.-23 Year-2024 Thana- KHAGARIA District- Khagaria ====================================================== Pratibha Kumari, Daughter of Arvind Sah, Resident of Rani Sati Lane, S.D.O. Road, Near Shiv Temple, P.S.- Khagaria, Distt.- Khagaria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Paritosh Parimal, Advocate For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 25-09-2024 Heard Mr. Paritosh Parimal, learned counsel appearing on behalf of the petitioner and Mr. Binod Kumar, learned APP appearing on behalf of the State.
2. The petitioner apprehends her arrest in connection with Khagaria P.S. Case No. 23 of 2024 registered under Sections 403, 405, 420, 409 and 120B of the Indian Penal Code.
3. As per the allegation made in the FIR, the petitioner, who was to deposit a sum of Rs.3,00,000/- in the Current Account No.163305500627, had not deposited the amount on the same day.
4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and she has falsely been implicated in the present case. Learned counsel further submitted that the petitioner has deposited the entire
Patna High Court CR. MISC. No.46460 of 2024(3) dt.25-09-2024 2/3 amount, however, not on the same day but the next day of the deposit of money and no loss has been caused to the customer/account holder or to the Bank. The petitioner has clean antecedent. On these grounds, the petitioner seeks to be released on bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Considering the rival submissions made on behalf of the parties, as well as, in view of the fact that the petitioner has already deposited a sum of Rs.3,00,000/-, for which the FIR has been lodged, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.
7. The learned District Court is directed to release the petitioner on anticipatory bail, in the event of her arrest or surrender before the learned District Court within a period of four 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 learned Chief Judicial Magistrate, Khagaria in connection with Khagaria P.S. Case No. 23 of 2024, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
8. The learned District Court is directed to verify the criminal antecedent of the petitioner, as stated in paragraph no. 3 of the bail application. If any other case is
Patna High Court CR. MISC. No.46460 of 2024(3) dt.25-09-2024 3/3 pending against the petitioner, as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J.) Ashishsingh/- U T