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Patna High CourtCR. MISC./46093/2025allowed

Archana Kumari @ Ganga @ Archna Kumar @ Archna Kumari v. The State Of Bihar

2025-08-05Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46093 of 2025 Arising Out of PS. Case No.-1795 Year-2022 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== 1.

Archana Kumari @ Ganga @ Archna Kumar @ Archna Kumari D/o Vishwanath Sah Resident of Village- Satsang Mandir Baigna, P.S. Katihar Town, District- Katihar.

2.

Geeta Devi Wife of - Vishwanath Sah Resident of Village- Satsang Mandir Baigna, P.S. Katihar Town, District- Katihar. 3.

Akash Kumar @ Akash Sah Son of Radheshyam Sah Resident of VillageSatsang Mandir Baigna, P.S. Katihar Town, District- Katihar 4.

Kaushalya Devi Wife of Gajadhar Prasad Resident of Village- Satsang Mandir Baigna, P.S. Katihar Town, District- Katihar. 5.

Guriya Devi @ Sangeeta Devi Daughter of Gajadhar Prasad Resident of Village- Satsang Mandir Baigna, P.S. Katihar Town, District- Katihar. 6.

Pinki Kumari Daughter of Gajadhar Prasad Resident of Village- Satsang Mandir Baigna, P.S. Katihar Town, District- Katihar. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kumud Kumari Daughter of- Jagdish Prasad Resident of Village- Bara Bazar, P.S. Katihar Town, District- Katihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Katihar Complaint Case No. 1795 of 2022 instituted for the offence under Sections 406 and 417 of the

Patna High Court CR. MISC. No.46093 of 2025(2) dt.05-08-2025 2/3 Indian Penal Code.

3. The case of the prosecution is based on a complaint petition is that the petitioners along with others have taken different amounts through cheque and now they are not repaying the same to the complainant.

4. Learned counsel for the petitioners has submitted that from perusal of the complain petition it will transpire that the amount which has been withdrawn is in two accounts. One is of Parvez Khan and Vishwanath Sah. The petitioners are not the beneficiaries and no cheque has been encashed in their account. It has also been submitted that it is a case of civil nature. From perusal of the complaint petition it is clear that no amount has been received by these petitioners.

5. Learned APP for the State has vehemently opposed the bail of the petitioners.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Katihar Complaint Case No. 1795 of 2022, they will be enlarged on bail on furnishing bail

Patna High Court CR. MISC. No.46093 of 2025(2) dt.05-08-2025 3/3 bond of Rs. 10,000/- (Rupees ten thousand) each of them with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate- 1st Class, Katihar, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. Accordingly, the present bail application stand allowed.

(Ashok Kumar Pandey, J) durgesh/- U T