Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49643 of 2023 Arising Out of PS. Case No.-2865 Year-2022 Thana- SARAN COMPLAINT CASE DistrictSaran ====================================================== Sunita Devi, Wife of Raju Singh Village- Sarakari Gachhi Dhenuki P.S.- Marhaura Dist- Saran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Bhola Kumar Sah, Son of Dhaneshwar Sah Village- Pakhan Station Road P.S.- Marhaura Dist- Saran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s :

Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Complaint Case No. 2865 of 2022 in which cognizance has been taken under Sections 341, 323, 420/34 of the Indian Penal Code.

3. As per the complainant, petitioner is an agent of the company and the other co-accused convinced the complainant to deposit total amount of Rs. 4,11,504/- in the said company but the company did not refund the said amount. After some time,

Patna High Court CR. MISC. No.49643 of 2023(2) dt.11-08-2023 2/3 when the complainant came to inquire about his money, the petitioner and other co-accused avoided the request for withdrawal of the money. It is also alleged that petitioner snatched gold chain from the neck of the mother of the complainant.

4. Learned counsel for the petitioner submits that petitioner was only the agent of the company and the complainant has not deposited any amount to the petitioner. He further submits that two similarly situated co-accused persons, namely, Raju Singh and Alok Singh have already been granted anticipatory bail by the learned Court below vide order dated 26.04.2023 in Anticipatory Bail No. 949 of 2023. Petitioner has no criminal antecedent.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount to each to the satisfaction of the learned Judicial Magistrate Ist. Class, Saran at Chapra in connection with

Patna High Court CR. MISC. No.49643 of 2023(2) dt.11-08-2023 3/3 Complaint Case No. 2865 of 2022, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) ashutosh/- U T