Gudiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51840 of 2023 Arising Out of PS. Case No.-497 Year-2022 Thana- BYPASS District- Patna ====================================================== Gudiya Devi Wife Of Late Sanjit Kumar Singh, Village- Ranipur, Paijaba, P.S.- Bypass, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-08-2023 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending her arrest in connection with Bypass P. S. Case No. 497 of 2022 registered on 18.11.2022 for the offences punishable under Sections 420, 406, 323, 323, 341, 379 and 120(B)/34 of the Indian Penal Code.

3. According to the prosecution, the FIR has been lodged by virtue of complaint case converted into Section 156(3) of the Cr.P.C.. As per allegation in the FIR, the petitioner's husband has taken money from the informant and after taken money, neither provided land nor returned the amount to the accused persons.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.51840 of 2023(2) dt.19-08-2023 2/2 petitioner is innocent and has committed no offence. He further submits that the antecedent of the petitioner is clean and the name of the present petitioner has come in this criminal case only due to the reason that she is the wife of the main accused. Counsel further submits that petitioner is a female and from the content of FIR it appears that there is absolutely no role of the petitioner under this transaction, save and accept her name is there in the accused column.

5. Learned APP for the State opposes the prayer for bail.

6. In the aforesaid facts and circumstances, let the above-named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within 6 weeks from today, on furnishing bail bond of Rs. 30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-VI, Patna City, Patna in connection with Bypass P.S. Case No. 497 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dr. Anshuman, J.) ravishankar/- U T