Nilam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16641 of 2016 Arising Out of PS.Case No. -187 Year- 2015 Thana -BIHPUR District- BHAGALPUR ====================================================== Nilam Devi Wife of Navin Kumar Jha Resident of Village- Madhurapur, P.S. Bihpur(Bhawanipur) District Bhagalpur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Amrendra Kumar For the Opposite Party/s : Mr. Sanjay Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-07-2016 The certified copy of the First Information Report of Bihpur (Bhawanipur) P.S. Case No. 187 of 2015 has been filed on behalf of the petitioner. Let it be kept on record. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Bihpur (Bhawanipur) P.S. Case No. 187 of 2015, disclosing offences under Sections 420, 406, 467, 468 of the Indian Penal Code and added Section 76 of the Chit Fund Act. It is alleged that the petitioner persuaded the informant to deposit the amount in a private bank, namely, New Paras Mani Private Limited Bank. She is said to have taken a sum of Rs. 1, 15,000/- from the informant and she had assured that the

Patna High Court Cr.Misc. No.16641 of 2016 (4) dt.12-07-2016 2/3 informant could withdraw the amount as and when she desired. The husband of the petitioner, who was associated with the said private bank as an agent has said to have prepared the agreement. When the informant wanted to withdraw the money, the accused persons are said to have misbehaved with her and denied to pay the said amount.

Learned counsel for the petitioner submits that the husband of the petitioner, who was associated with the bank has been granted regular bail by this Court vide order dated 19.05.2016 passed in Criminal Miscellaneous No. 13246 of 2016. According to him, the implication of the petitioner in the criminal case is only to put undue pressure and harass the petitioner.

Considering the above submission, this application is allowed. Let the petitioner, above-named, in the event of her arrest or surrender before the court below within six weeks, 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 learned Additional Chief Judicial Magistrate, Naugachia, Bhagalpur, in connection with Bihpur (Bhawanipur) P.S. Case No. 187 of 2015, subject to the condition laid down under Section 438(2) of the Code of

Patna High Court Cr.Misc. No.16641 of 2016 (4) dt.12-07-2016 3/3 Criminal Procedure.

This is subject to the condition that the petitioner shall present herself before the police/Court, as the case may be, as and when required and in the event of failure on her part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ajaypd./- U T