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Patna High CourtCR. MISC./29975/2018dismissed

Indra Devi v. State Of Bihar And ANR

2018-08-10Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29975 of 2018 Arising Out of PS.Case No. -695 Year- 2016 Thana -BUXAR COMPLAINT CASE DistrictBUXAR ====================================================== Indra Devi W/o Birendra Thakur, Office Add.- (Top Leader0, Aaryan Agro Project India Limited, Chotki Sarimpur, near Kali Mandir, Buxar, P.S.- Buxar Town, District- permanent Add.- at R/o Nauranga, P.S.- Bairiya, District- Balliya U.P..

.... .... Petitioner

Versus

1. The State of Bihar.

2. Smt. Babita Tiwari W/o Nagendra Tiwari , R/o Jasso, P.S.- Buxar Muffasil, District- Buxar.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Arvind Kumar Pradhan For the Opposite Party/s : Mr. Sri Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-08-2018 Heard learned counsel for the petitioner.

Petitioner apprehends her arrest in connection with Complaint Case No. 695-C-2016 lodged for the offences punishable under Sections 406, 420, 120B, 467, 468, 469 and 471 of the Indian Penal Code.

Allegation against the petitioner, who happens to be one of the Directors of Aaryan Agro Project India Limited, is that she collected crores of rupees from the depositors with an assurance to return the same with interest and thereafter money has not been given to the depositors and the company was closed. Submission of learned counsel for the petitioner is that

Patna High Court Cr.Misc. No.29975 of 2018 (4) dt.10-08-2018 2/2 petitioner is not Director rather an official only and she has not been entrusted any responsibility to return the money. Heard learned APP and learned counsel for the complainant. They have opposed the prayer for anticipatory bail. Having heard both sides and in the facts and circumstances and also considering the fact that such type of bungling is being prevailed in the State of Bihar, I am not inclined to grant privilege of anticipatory bail to the petitioner, rather petitioner to surrender and make prayer for regular bail, which shall be considered by the court below on its own merit, without being prejudiced by this order.

With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) spal/- U