Priti Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67144 of 2019 Arising Out of PS. Case No.-409 Year-2018 Thana- DIGHA District- Patna ====================================================== Priti Kumari Daughter of Joseph Pitter, Wife of Prabhu Kumar R/o Kurji, Kurji Holy Family Hospital, Sadaquat Ashram, P.S.- Digha, District- Patna, presently residing at Kurji Balu Par, Lakshami Nagar, P.S.- Digha, DistrictPatna. ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjiv Sharan, Adv.

For the Opposite Party/s :

Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and learned counsel for the State assisted by the learned counsel for the informant.

The petitioner seeks pre-arrest bail in connection with Digha P.S. Case No. 409 of 2018 registered under Sections 420, 467, 468 read with 34 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act.

It is contended by the learned counsel for the petitioner that though the allegation is that the informant and his wife invested their money in share market through Prabhu Kumar, they have not alleged that any money had ever been invested in the market upon instruction of the petitioner. It is also not alleged that any money had been given to the petitioner

Patna High Court CR. MISC. No.67144 of 2019(3) dt.27-11-2019 2/3 by the informant or his wife to invest in the share market. The petitioner has neither any knowledge of computer or share trading or share market nor she is attached with her husband's business. She is a simple housewife and has never gone to the office of her husband and has also never interfered in the business of her husband. He has further contended that the husband of the petitioner is already in custody in connection with the present case since long.

Learned counsel for the State being assisted by the informant has vehemently opposed the prayer for grant of prearrest bail of the petitioner. He stated that initially an amount of Rs.2 lakh was given by the informant to the husband of the petitioner for investment in share market and being satisfied with the deal, Rs. 1,81,70,000/- was given to him for trading, but the amount so invested has not been refunded by the accused persons including the petitioner.

Regard being had to the submissions made on behalf of the parties and in the facts and circumstances of the case, in the event of arrest or surrender before the court below, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-

Patna High Court CR. MISC. No.67144 of 2019(3) dt.27-11-2019 3/3 Divisional Judicial Magistrate, Patna in connection with Digha P.S. Case No. 409 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) Pradeep/- U T