Rita Kumari Chakravarti @ Rita Chakravarti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57197 of 2024 Arising Out of PS. Case No.-1116 Year-2023 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== 1.

Rita Kumari Chakravarti @ Rita Chakravarti Wife of Raghvendra Kumar @ Raghvendra Kumar Paswan @ Raghuvendra Kumar @ Raghuvendra Kumar Paswan R/V- Village- Bath, P.S.- Bath, Distt.- Bhagalpur, Presently Resident at Near jawahar Cinema Halla, P.S.- Lalmatia (Nathnagar), Distt.- Bhagalpur (Bihar) 2.

Raghvendra Kumar @ Raghvendra Kumar Paswan @ Raghuvendra Kumar @ Raghuvendra Kumar Paswan Son of Dashrath Paswan R/V- VillageBath, P.S.- Bath, Distt.- Bhagalpur, Presently Resident at Near jawahar Cinema Halla, P.S.- Lalmatia (Nathnagar), Distt.- Bhagalpur (Bihar) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rina Kumari @ Rina Devi Wife of Ranjit Prasad Yadav R/O- VillageGovindpur, Post- Vishnupur Ahok, P.S.- Sahebpur Kamal, Distt.- Begusarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Agrawal, Advocate For the Opposite Party/s :

Mr. Syed Mojibur Rahman, APP Mr. Bhagya Narayan Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-01-2025 Heard learned senior counsel for the petitioners, learned APP for the State and the learned counsel appearing on behalf of the O.P. No.2.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 354B, 406, 323, 395, 420, 467, 468, 450, 504, 506 of the Indian Penal Code in connection with Complaint Case No.1116 of 2023.

3. The learned senior counsel for the petitioners

Patna High Court CR. MISC. No.57197 of 2024(3) dt.22-01-2025 2/3 submit that complainant alleges that petitioners who are husband and wife are teachers and they took in total Rs.10,25,000/- from the complainant in the name of providing job to three persons including the complainant, it is further alleged that the petitioners also gave forged training certificates to the complainant as such the job was not provided. It is further alleged that the training certificate was subsequently taken by the petitioners on the pretext that they will return the amount if the training certificate is given back to them.

4. The learned Senior Counsel for the petitioners submit that petitioners have been falsely implicated in the instant case by the complainant. It is also submitted that allegation are in realm of allegation and the complainant alleges that she paid an amount of Rs.10,25,000/- in cash to the petitioners. It is further submitted that even presuming what has been alleged is true without admitting then the complainant was also seeking a backdoor appointment based on bribery which in itself is an offence, as such it is submitted whether the court would believe such persons who tried to hoodwink the law for seeking appointment through backdoor.

5. The learned APP and the learned counsel appearing on behalf of the O.P. No.2 are not in a position to rebut the said

Patna High Court CR. MISC. No.57197 of 2024(3) dt.22-01-2025 3/3 submission of the learned senior counsel for the petitioners that allegations are in realm of allegation and there is no proof of payment of Rs.10,25,000/- in cash and even presuming what is alleged is true without admitting then whether the complainant is a bonafide person when she herself was seeking appointment through backdoor by resorting to bribery.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on anticipatory bail on their furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-IInd, Bhagalpur in connection with Complaint Case No.1116 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T