Geeta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53083 of 2024 Arising Out of PS. Case No.-17 Year-2022 Thana- VAISHALI District- Vaishali ====================================================== Geeta Devi W/o Meghnath Bhagat R/o vill - Chintamanipur, P.s. - Belsar O.P., Distt. - Vaishali ... ... Petitioner

Versus

1.

The State of Bihar 2.

Param Kishore Singh @ Pappu Singh S/o Sri Satyanarayan Singh R/o vill - Rampur Horail, P.S. - Belsar O.P., Dist. - Vaisahli ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 02-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The accused-petitioner, named in the F.I.R., is apprehending his arrest in connection with Belsar P.O. (Vaishali) P.S. Case No. 17 of 2022 registered for the offences punishable under Sections 420, 406 of the Indian Penal Code and Section 138 of the Negotiable Instrument Act.

3. The allegation against petitioner is to cheat the informant, where two cheques, which were drawn in favour of informant by co-accused namely, Ajeet Kumar and Radha Devi, were dishonoured upon presentation before the Bank.

4. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.53083 of 2024(3) dt.02-02-2026 2/3 submitted that the allegation of drawing the cheques is not available against this petitioner as same is available against coaccused namely, Ajeet Kumar and Radha Devi. It is pointed out that as this petitioner is the mother of co-accused Ajeet Kumar, therefore, she was implicated with the present case.

5. While concluding argument, it is submitted that the primarily dispute between the parties are of civil in nature, where petitioner appears prima facie remotely connected with the allegation and, moreover, considering the nature of allegation, co-accused Ajeet Kumar and Radha Devi, who were specifically alleged to draw the cheques were granted anticipatory bail by one of the learned coordinate Bench of this Court through Cr. Misc. No. 81094/2024 dated 10.12.2024.

6. While concluding argument, learned counsel submitted that petitioner involved in one more case of simiar nature, in which she is on bail.

7. Learned A.P.P. for the State, while opposing the prayer for anticipatory bail of the petitioner, submitted that petitioner being mother, was actively involved in the occurrence however he fairly conceded that alleged cheques were not drawn by this petitioner.

Patna High Court CR. MISC. No.53083 of 2024(3) dt.02-02-2026 3/3

8. In view of the aforesaid factual submissions and by taking note of the fact as alleged cheques as drawn in favour of informant was not alleged to be drawn by this petitioner, who is a lady, accordingly, above-named petitioner, in the event of his arrest/surrender within a period of four weeks from this order, is directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur/concerned court in connection with Belsar P.O. (Vaishali) P.S. Case No. 17 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S.").

(Chandra Shekhar Jha, J) Rajeev/- U T