Shila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50641 of 2022 Arising Out of PS. Case No.-47 Year-2022 Thana- BHANGWANPUR HAT District- Siwan ====================================================== Shila Devi Wife Of Harendra Mahto @ Harendra Prasad R/O VillageDharmraj, P.S.- Bhagwanpur Hat, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Irshad Ahmad Khan For the Opposite Party/s :

Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-12-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects, if any, within three weeks. The petitioner is apprehending her arrest in a case registered for the offence punishable under Sections 420, 409/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that no criminal case is made out rather this is a case of purely civil nature as the dispute relates to the so called liability of the petitioner for payment of GST. He submits that the petitioner is only supplier of the articles and she has already deposited the GST. He further submits that petitioner has no criminal antecedent as stated in para-3 of this

Patna High Court CR. MISC. No.50641 of 2022(2) dt.12-12-2022 2/2 application.

Learned APP for the State opposes the prayer for bail and submits that there is allegation against the petitioner of committing tax evasion in GST in government funds under Jal Nal Yojna.

Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, her prayer for anticipatory bail is rejected in connection with Bhagwanpur Hat P.S. Case No. 47 of 2022. However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order considering the fact that the petitioner is only a supplier of articles.

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