Patna High CourtCR. MISC./48227/2025bail granted

Veena Kumari v. The State Of Bihar

2025-08-06Mr. Justice Rajesh Kumar Verma4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48227 of 2025 Arising Out of PS. Case No.-412 Year-2024 Thana- KHAGARIA COMPALINT CASE District- Khagaria ====================================================== Veena Kumari W/O Motilal Yadav Resident Of Yadav Market, Jalesar Road, Tedi Baghiya, P.S.- Trans Yamuna, District Agra (UP) Pin 282006 ... ... Petitioner/s

Versus

THE STATE OF BIHAR 2.

Salil Kumar S/O Bharat Yadav R/O Chutki, P.S.- Mansi, Dist.- Khagaria. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nawal Kishore Prasad, Advocate For the Complainant : Mr. Shekhar Kumar, Advocate For the State :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-08-2025 Heard Mr. Nawal Kishore Prasad, learned counsel for the petitioner, Mr. Shekhar Kumar, learned counsel for the Complainant and Mr. Mritunjay Kumar Nirala, learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Complaint Case No. 412(C) of 2024 , dated 28.06.2024 registered for the offences punishable under Sections 406, 420 of the Indian Penal Code.

3. Allegation against the petitioner is that the Complainant has given Rs. 20,00,000/- (Rs. Twenty Lacs) for his personal work to the petitioner which was transferred in the account of the petitioner but the petitioner has not refunded the

2/4 aforesaid amount to the Complainant.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and she has been falsely implicated in the present case. As per allegation in the Complaint petition, the complainant had given Rs. 20,00,000/- (Rs. Twenty Lacs) to the petitioner which transferred in the account of the petitioner by RTGS mode and despite of legal notice, the petitioner has not returned the amount Rs. 20,00,000/- ( Rs.Twenty Lacs) to the complainant.

5. Learned counsel for the petitioner on instruction fairly submits that the petitioner is ready to pay the aforesaid dues amount to the complainant within a period of three months.

6. Learned counsel for the Complainant submits that if the petitioner is ready to return the aforesaid amount then he has no objection in this regard.

7. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of her arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate cum A.M., Khagaria in connection

3/4 with Complaint Case No. 412(C) of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023 and with other following conditions :-

(1) Petitioner shall deposit Rs. 10,00,000/- (Rs. Ten Lacs) by way of demand draft in favour of the Complainant at the time of furnishing bail bond and the learned Court below is directed to hand over the said demand draft to the complainant or his representative and rest amount of Rs. 10,00,000/- (Rs. Ten Lacs) will be paid within a period of two months and if the petitioner fails to pay the aforesaid rest amount i.e. Rs. 10,00,000/- (Rs. Ten Lacs) to the complainant within the aforesaid period, the complaint shall be at liberty to move before the appropriate forum for cancellation of bail bond of the petitioner.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on her absence on two consecutive dates without sufficient reason, her bail bond shall be cancelled by the Court below.

(3) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move

4/4 for cancellation of bail.

(4) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T