Raushani Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62818 of 2023 Arising Out of PS. Case No.-171 Year-2023 Thana- SOHSARAI District- Nalanda ====================================================== RAUSHANI KUMARI W/O VIKASH BHARTI R/O MOHALLAHBHAINSASUR HOSPITAL MORE, NEAR SHRAMKALYAN KENDRA, BIHAR, P.S- BIHAR SHARIF, DISTT.- NALANDA.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

BRANCH MANAGER, CENTRAL BANK OF INDIA, BRANCHKISHAN COLLEGE,SOHSARAI(NALANDA) BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Davendra Kumar Pandey, Adv.

For the Opposite Party/s :

Mr.Anil Kumar, APP.

Mr. Sumit Kumar, Adv.

Mr. Ajit Kumar Sinha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 406, 420, 409 of the Indian Penal Code.

3. The allegation against the petitioner is that she has sanctioned loans from the bank in the name of oil industry, but has not invested the money in the alleged business and thus, her loan accounts became NPA and there is a debt of Rs. 8,33,202/- against the petitioner in her three loan accounts.

3. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence.

Patna High Court CR. MISC. No.62818 of 2023(2) dt.16-10-2023 2/3 No such occurrence as alleged ever took place. She has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. It is further submitted that the business of the petitioner was started in the year 2019 and thereafter, her business was completely affected due to lock down and as such the petitioner was unable to pay the installments regularly. He further submits that the informant has not filed any SARFAESI proceedings before the D.R.T. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail and submitted that there is allegation against the petitioner that she utilized the loan amount in another work instead of utilizing the same in business for which the loan was sanctioned.

6. Having regard to the facts and circumstances of the case, as petitioner has not filed any SARFAESI proceedings before the DRT, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five

Patna High Court CR. MISC. No.62818 of 2023(2) dt.16-10-2023 3/3 Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Sohsarai P.S. Case No. 171 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T