Patna High CourtCR. MISC./56993/2024bail granted

Juli Devi @ Julie Devi v. The State Of Bihar

2024-09-04Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56993 of 2024 Arising Out of PS. Case No.-578 Year-2022 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== JULI DEVI @ JULIE DEVI WIFE OF SANTOSH KUMAR @ SANTOSH PRASAD RESIDENT OF NAYA BAZAR, P.S. - KALIBAGH, DISTRICT - WEST CHAMPARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR 2.

MANOJ SHARMA SON OF LATE SATYANARAYAN SHARMA RESIDENT OF VILLAGE - RAJENDRA NAGAR KALIBAGH, P.S. - KALIBAGH, DISTRICT - WEST CHAMPARAN ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Kumar Gupta For the Opposite Party/s :

Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-09-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Complaint Case No. 578 of 2022, dated 29.03.2022, disclosing offences under Sections 406/504/506 of the Indian Penal Code.

3. The prosecution case, as per the complaint case lodged by the proprietor of A to Z Furniture House, is that on 05.03.2020, the petitioner arrived at the complainant's shop and on her poor financial condition informant gave a sum of Rs. 1,25,000/- to her for personal usage. When the complainant repeatedly demanded the money back, the

Patna High Court CR. MISC. No.56993 of 2024(2) dt.04-09-2024 2/3 same was not returned by the petitioner. The complainant gave legal notice on 17.02.2022 to the petitioner to which she did not respond.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence in the manner alleged. He next submits that even if allegation made in the complaint is taken true at the face value, it does not give rise to criminal offence inasmuch as the case of the complainant is that the money was given as loan to the petitioner. He further submits that the commercial dispute regarding money transaction has been given colour of criminal case by lodging a complaint by the complainant. The petitioner is a lady and is being harassed by the complainant.

5. Regards being had to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that the petitioner is a lady, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of her arrest or surrender before the Court below within four weeks, be

Patna High Court CR. MISC. No.56993 of 2024(2) dt.04-09-2024 3/3 released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Complaint Case No. 578 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) ashwani/- U T