Khushboo Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25052 of 2015 Arising out of PS.Case No. -96 Year- 2015 Thana -GANDHIMAIDAN District- PATNA ====================================================== Khushboo Kumari, W/o Anand Kuma,r r/o Anisabad Magadh Colony, P.S. - Beur, District - Patna.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Rina Sinha, Advocate. For the Opposite Party : Mr. M.K.Khare(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-07-2015 The petitioner is languishing in custody since 20.03.2015 in connection with Gandhi Maidan P.S. Case No. 96 of 2015 for the offences instituted under Sections 489(b) and 489(c) of the I.P.C.

Heard learned counsel for the petitioner and learned counsel for the State.

The prosecution story, in brief, is that one lady took ice cream and gave a currency note of Rs. 500/-, then he returned Rs. 450/-. Again that lady took ice cream and gave a currency note of Rs. 500/- upon which he stated that he has already given change, but that lady told that change is not being easily available in market, then again he returned Rs. 450/-. It is further stated that on suspicion, he went in a shop and show both currency notes upon

Patna High Court Cr.Misc. No.25052 of 2015 (2) dt.20-07-2015 2/3 which, the shopkeeper told that both notes are fake. Then on search that lady was found near eastern gate of Gandhi Maidan, who was taking ice cream from one Pankaj Kumar and was giving another 500 rupees note to him. It is further stated that when the informant asked her that she had given two 500 rupees note then she refused to identify him, then he informed Gandhi Maidan P.S. then that lady was arrested who disclosed her name as Khushoo Kumari and on search six notes of Rs. 500, twelve notes of Rs. 100, two notes of Rs. 50, one note of Rs. 20 and eight notes of Rs. 10 have been recovered from her hand bag and accordingly, seizure list has been prepared.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.03.2015 and the charge sheet has been submitted in the present case. It is further submitted that the petitioner has got no criminal antecedent. It has further brought to the notice of the Court that a one year old child of the petitioner is not keeping well and as far as the petitioner is concerned, she has been made accused in the present case due to mistake of fact. On behalf of the State it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail

Patna High Court Cr.Misc. No.25052 of 2015 (2) dt.20-07-2015 3/3 bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Patna, in connection with Gandhi Maidan P.S. Case No. 96 of 2015. U.K./- (Sudhir Singh, J) U T