Kumari Kanchan Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48495 of 2022 Arising Out of PS. Case No.-117 Year-2018 Thana- SACHIVALAYA District- Patna ====================================================== KUMARI KANCHAN SINHA Wife of Sri Madan Kumar @ Madan Paswan Resident of Ambedkar Ngar (Chouk), Chitkohra, P.S- Gardanibagh, Distpatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lala Sheshendra Narayan Rais For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-12-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 420 and 379 of the Indian Penal Code.

As per the prosecution case, after the death of the husband of the informant, Rs. 10 to 12 lakhs were transferred to the account of the informant as compensation but when the informant got her passbook updated, she found that Rs. 10 lakhs have fraudulently been withdrawn from her account.

Patna High Court CR. MISC. No.48495 of 2022(3) dt.13-12-2022 2/3 Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. Petitioner is not named in the F.I.R., The name of the petitioner has sprung up in the confessional statement of the co-accused. Learned counsel for the petitioner has further submitted that the petitioner is a housewife and she has no knowledge of electronics. Learned counsel has further submitted that the mobile number and PayTM account of the petitioner has been used by the co-accused person in conspiracy. The co-accused Priyanshu Priyadarshi has already been granted bail by the coordinate bench vide order dated 10.12.2018 passed in Cr. Misc. 70968 of 2018. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated at para 3 of the bail petition. The petitioner is in custody since 15.05.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Patna, in connection with Sachivalaya

Patna High Court CR. MISC. No.48495 of 2022(3) dt.13-12-2022 3/3 P.S. Case No. 117 of 2018, with a condition:-

1. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled. The application stands allowed.

(Chandra Prakash Singh, J) niku/- U T