Neha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56618 of 2024 Arising Out of PS. Case No.-4 Year-2024 Thana- Singhaul District- Begusarai ====================================================== Neha Kumari Daughter of Ram Shakal Paswan village- Singhaul Ward no. 1, Ps- Singhaul, Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md Fazle Karim, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 24-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Singhaul P.S. Case No. 04 of 2024 for the offence under Sections 341, 323, 120(B), 406, 420, 467, 468, 471, 504, 506 and 34 of the I.P.C.

3. There is allegation on the petitioner that she has defalcated an amount of Rs. 25-30 lakhs of the informant.

4. Learned counsel for the petitioner submits that the petitioner is quite innocnent and has committed no offence as alleged in the F.I.R. The entire prosecution story is false, fabricated and concocted and has no concern with the truth. The informant has one sided lust with the petitioner and exploited her for his lust. Learned counsel further submits that the petitioner has lodged a case against the informant vide Mahila

Patna High Court CR. MISC. No.56618 of 2024(4) dt.24-02-2025 2/3 P.S. Case no. 06 of 2024 for the offences committed by the informant. From bare reading of F.I.R. no case under Sections 406, 420, 467, 468, and 471 is made out against the petitioner. The transaction was for the purpose of business. From F.I.R. it appears that the informant wants to get married with the petitioner and only for this reason he was going to her house again and again to bring her back and to keep her with him as wife. Learned counsel also submits that the present case has been lodged by the informant in order to save his skin from the prosecution in connection with Mahila P.S. Case no. 06 of 2024. There is much delay in lodging the F.I.R. which is not explained properly. Withdrawal of money and other details are not mentioned in the F.I.R.

5. Learned APP opposes the prayer for bail.

6. In F.I.R. informant has mentioned that despite of having a wife, he came in live-in relationship with the petitioner and then the entire occurrence has been committed so the conduct of informant is itself not bona fide and legal. Keeping in view the entire aforesaid facts, this Court is inclined to extend him the privilege of anticipatory bail.

7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the

Patna High Court CR. MISC. No.56618 of 2024(4) dt.24-02-2025 3/3 receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusrai, in connection with Singhaul P.S. Case No. 04 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (S. B. Pd. Singh, J) Ankit Kumar/- U T