Anita Ojha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47373 of 2022 Arising Out of PS. Case No.-104 Year-2022 Thana- DUMRAO District- Buxar ====================================================== ANITA OJHA W/o Late Vijay Ojha R/o village- Kharha Tand, P.S.- Semri, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar For the Opposite Party/s :

Mr. Pronoti Singh Mr. Gopal Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-12-2022 Heard learned counsel for the petitioner, learned counsel for the informant as well as learned APP for the State Learned counsel for the petitioner is directed to remove the defects within four weeks.

The petitioner apprehends her arrest in a case registered for the offence punishable under Sections 406, 420, 467, 468, 120(B)/34 of the Indian Penal Code.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case merely on the basis of suspicion being the sister of co-accused namely, Santosh Kumar Chaubey. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is

Patna High Court CR. MISC. No.47373 of 2022(2) dt.06-12-2022 2/3 not specific rather general and omnibus in nature. He further submits that from the perusal of the FIR, it is apparent that neither the petitioner is the executant of the sale deed of said land nor she is witness nor she is the identifier in the said sale deed and nor the informant has disclosed that the co-accused Santosh Kumar Chaubey produced any power of attorney. There is no money transaction between the petitioner and the informant. Petitioner has one criminal antecedent, as also mentioned in para-3 of the bail application.

Learned Additional Public Prosecutor for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail and submits that the petitioner is also involved in the present case.

Having regard to the facts and circumstances of the case, as there is no money transaction between the petitioner and the informant, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Dumraon P.S. Case No.104 of 2022, subject

Patna High Court CR. MISC. No.47373 of 2022(2) dt.06-12-2022 3/3 to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T