Bhagwanpatti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61536 of 2023 Arising Out of PS. Case No.-42 Year-2021 Thana- SARAIYA District- Muzaffarpur ====================================================== Bhagwanpatti Devi W/O Rambachan Ram R/O Village- Anandpur, P.SSaraiya, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-10-2023 1.

Heard the learned counsel for the petitioner and learned APP for the State.

2.

This is an application for grant of anticipatory bail in connection with Saraiya P.S. Case No.42 of 2021, registered for offences under Sections 409 and 420 of the IPC.

3.

The allegation is regarding the petitioner having received a sum of Rs.60,000/- under Mukhyamantri Vas Asthal Sahayata Yojna, however, even after a lapse of one year, she did not purchase any land.

4.

The learned counsel for the petitioner has submitted that the petitioner is innocent, she

Patna High Court CR. MISC. No.61536 of 2023(2) dt.11-10-2023 2/3 has been falsely implicated in the present case and she is having fair antecedent. The learned counsel for the petitioner has submitted that the petitioner is an old and very poor lady suffering from various diseases and has not either cheated or committed any forgery.

5.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

6.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the petitioner is an aged poor lady, having a clean antecedent, I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail. 7.

Accordingly, the above named petitioner is directed to be enlarged on anticipatory bail, in the event of her arrest or surrender before the court below, within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs.10,000/- (rupees ten

Patna High Court CR. MISC. No.61536 of 2023(2) dt.11-10-2023 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-IV, Muzaffarpur, West in connection with Saraiya P.S. Case No.42 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) kanchan/- U T