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Patna High CourtCR. MISC./57153/2023bail granted

Soni Kumari v. The State Of Bihar

2023-12-07Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57153 of 2023 Arising Out of PS. Case No.-43 Year-2020 Thana- DHANARUA District- Patna ====================================================== Soni Kumari Wife of Kaushlendra Kumar Resident of village - Kaili, Nawasichak, ward no. 01, P.S. - Dhanarua, Distt. - Patna ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, A.P.P.

For the Informant :

Mr. Natraj Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-12-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Dhanarua P.S Case No. 43 of 2020 dated 06.02.2020 registered for the offence punishable u/ss 406 and 420 of the Indian Penal Code.

4. As per the prosecution case, the petitioner along with other co-accused persons has cheated and defalcated an amount of Rs. 11,25,000/- (Rs. Eleven Lakh Twenty Five

Patna High Court CR. MISC. No.57153 of 2023(5) dt.07-12-2023 2/3 Thousand) of L&T Financial Services Company.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is further submitted that from bare perusal of the F.I.R., it is evident that the petitioner is not the staff of the L&T Financial Services Company, Kolkata in any manner and she has no concern at all with the affairs of the company. Learned counsel has further submitted that the petitioner has been implicated in the present case only because she is happens to be wife of of Kaushlendra Kumar who was doing job in the aforesaid L&T Financial Services Company, Kolkata. It is further submitted that the petitioner is a lady. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner. 7.

Considering the aforesaid facts and circumstances of the case as well as the nature of allegation, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs.

Patna High Court CR. MISC. No.57153 of 2023(5) dt.07-12-2023 3/3 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Patna in connection with Dhanarua P.S. Case No. 43 of 2020, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) Nilmani/- U T