Sunita Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3278 of 2017 Arising Out of PS.Case No. -481 Year- 2015 Thana -BARH District- PATNA ======================================================

1. Sunita Devi, wife of Rajendra Sao,

2. Vikash Kumar @ Vishal Kumar, son of Rajendra Sao, Both resident of Village- Jadopur, P.S.- Pandarak, Dist- Patna. .... .... Petitioners

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-03-2017 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners are apprehending their arrest in connection with Barh P.S. Case No. 481 of 2015 for the offence instituted under Section 420, 467, 468, 406 and 34 of the Indian Penal Code.

The allegation is that the accused persons including the petitioners cheated the informant and other several persons, on the assurance of being owner of a finance company. It has been submitted on behalf of the petitioners that the petitioners have falsely been implicated in the present case. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been made accused due to

Patna High Court Cr.Misc. No.3278 of 2017 (3) dt.17-03-2017 2/2 mistake of fact. The disputed amount in question has already been paid by co-accused Rajendra Sao, which is evident from the order dated 25.05.2016 passed in Cr. Misc. No. 16479 of 2016. The other co-accused has been granted bail vide Cr. Misc. No.40207 of 2016.

On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today, in connection with Barh P.S. Case No. 481 of 2015 on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Barh, Patna, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T