Neetu Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47696 of 2014 Arising Out of PS.Case No. -769 Year- 2014 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ======================================================
1. Neetu Kumari Wife of Amit Kumar resident of Mohalla- Bhikhanpura North tola, P.S.- Sadar, District- Muzaffarpur .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bela Singh For the Opposite Party/s : Mr. Sanjay Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-05-2015 The petitioner is apprehending her arrest in connection with Muzaffarpur Town P.S.Case No. 769 of 2014 instituted under Sections 467, 468, 471 and 420/34 of the Indian Penal Code pending in the court of learned C.J.M., Muzaffarpur. Heard learned counsel for the petitioner and the State. The prosecution story, in brief, is that on 12.09.2014 bill no. 2014/09/01709 was delivered in the bank by treasury with a list of beneficiaries and C.D. was also attached and when the C.D. was compared with the bill, there was some discrepancy between bill and C.D. It is further alleged that in the account bearing no. 32621167559 of one Amit Kumar payment was made on 19.05.2014, 23.05.2014, 20.08.2014, 23.08.2014 and 09.06.2014 and during enquiry, it has come to light that in the
Patna High Court Cr.Misc. No.47696 of 2014 (3) dt.08-05-2015 2/3 name of above Amit Kumar another account no. 20160148558 is also standing which was used in defalcation of money. It also transpired that Meera Kumari, D.D.O., M.S. Rohua, Musaurhi during the period of 19.05.2014 to 06.09.2014 by changing the name in C.D. got transferred the money in the account no. 32621167559 and 20160148558 standing in the name of Amit Kumar and account no. 33370163413 standing in the name of petitioner Neeetu Kumari and both the accounts of Amit Kumar were opened in the same PAN number and same address and it also came to light that address mentioned in the account of Meera Kumari and Amit Kumar are same and the total amount of defalcation is of Rs. 3381620/- and the complicity of above accused has come to light in the above defalcation.
It has been submitted on behalf of the petitioner that the petitioner has no criminal antecedent. Further it has been submitted that, in fact, no defalcation has been made on her part and she has wrongly been implicated in the present case. On behalf of the State, it has been submitted that there is defalcation to the tune of Rs.3381620/-. So far as other co accused are concerned, they have been granted regular bail in this case. Considering the aforesaid facts, I am not inclined to grant anticipatory bail to the petitioner and the same is rejected.
Patna High Court Cr.Misc. No.47696 of 2014 (3) dt.08-05-2015 3/3 However, if the petitioner surrenders in the court below within six weeks and seek regular bail, the same shall be considered on its own merit without being prejudiced by this order of rejection and taking into consideration that other co accused have been granted regular bail.
(Sudhir Singh, J) singh/- U T