Manju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52427 of 2025 Arising Out of PS. Case No.-66 Year-2019 Thana- SALAKHUA District- Saharsa ====================================================== MANJU DEVI W/o SUKAL SADA @ SUKKAL SADA R/o Chakmari, P.S.- Bakhtiyarpur, Distt.- Saharsa ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

SUKAN SADA S/O LATE NAKCHHEDI SADA R/o Bahurawa, P.O. - Uteshara, P.S.- Salkhua and Distt.- Saharsa ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Verma, Advocate.

For the Opposite Party/s :

Mrs.Asha Kumari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 10-12-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Salkhua P.S. Case No. 66 of 2019 registered for the offence punishable under Sections 406, 420, 467, 468 and 120B of the Indian Penal Code.

3. As per the allegation made in the F.I.R., the petitioner in connivance with other co-accused is said to have defrauded the complainant by getting his funds of PM Awas Yojna transferred in her account on different dates and usurped the same by interpolating serial number of beneficiaries. It is further alleged the petitioner in connivance with other co-

Patna High Court CR. MISC. No.52427 of 2025(4) dt.10-12-2025 2/3 accused has withdrawn some amount from the account of the complainant.

4. Learned counsel appearing on behalf of the petitioner submitted that a complaint was lodged by the opposite party no.2 against the petitioner on false accusation, though the learned Magistrate in exercise of power under Section 156(3) of the Cr.P.C. directed to convert into F.I.R. and inquire into the matter. Learned counsel further submitted that the in course of investigation the complainant himself has admitted that under influence he had lodged the complaint on the basis of false allegation. Police has submitted final form in absence of any evidence collected in course of investigation against the petitioner and cognizance has also been taken. The petitioner is a female having clean antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Having considered the rival submissions made on behalf of the parties, as well as, the allegation made in the complaint and the material which has surfaced in the case diary, I find that the complainant has himself admitted that under influence he had filed complaint before the learned Magistrate on false allegation, chargesheet in the case has already been

Patna High Court CR. MISC. No.52427 of 2025(4) dt.10-12-2025 3/3 submitted and cognizance has also be taken, the petitioner, who is a female, having clean antecedent is directed to be released on pre-arrest bail, in the event of her arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned District Court where the case is pending in connection with Salkhua P.S. Case No. 66 of 2019, subject to the condition as laid down under Section 438(2) Cr.P.C / 482(2) BNSS.

7. The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically lose its force.

8. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T