Ginni Parveen v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10829 of 2016 Arising Out of PS.Case No. -12 Year- 2016 Thana -BARAUNI District- BEGUSARAI ======================================================

1. Ginni Parveen Wife of Md. Masoom resident of village - Rupaspur, Police Station - Barauni Refinery, District - Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Parmanand Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-04-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Barauni P.S. Case No. 12 of 2016 registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code. Allegedly, co-accused Jahid cheated Rs. 2,00,000/- from the informant for providing loan and again he introduced with the petitioner and the petitioner for providing job cheated Rs. 18,00,000/- and the petitioner used to talk with the informant with mobile and when the petitioner and co-accused came to take money from the informant both were caught with the help of local people and they were handed over to the police. Submission is of false implication and that there is no

legal and tangible material against the petitioner, from possession of the petitioner one Nokia Mobile of black colour, having two SIM was recovered and from the call details as mentioned in para 38 of the case diary that call details is not of the mobile of the petitioner, the petitioner has been made victim of the circumstances, no amount has been recovered from possession of the petitioner, the petitioner is a married woman having newly born child aged about 2 months, she is own sister of Jahid, without any legal and tangible material she is suffering in custody since 08.01.2016 to which the learned A.P.P. opposes by submitting that the informant has identified the petitioner and then with the help of villagers caught her.

In the facts and circumstances stated above, considering that chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence and, as such, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Begusarai in connection with Barauni P.S. Case No. 12 of 2016 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the

petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) sushma/- U T