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Patna High CourtCR. MISC./71516/2021bail granted

Meena Devi v. The State Of Bihar

2023-01-03Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71516 of 2021 Arising Out of PS. Case No.-218 Year-2021 Thana- MADHUBAN District- East Champaran ====================================================== 1.

MEENA DEVI wife of Nirbhay Kumar Yadav Resident of Village - Banjariya (Lahi Banjariya), P.S. - Madhuban, District - East Champaran. 2.

Deepak Kumar @ Deepak Raj Yadav Son of Nirbhay Kumar Yadav Resident of Village - Banjariya (Lahi Banjariya), P.S. - Madhuban, District - East Champaran.

3.

Raushan Kumar @ Raushan Kumar Yadav Son of Nirbhay Kumar Yadav Resident of Village - Banjariya (Lahi Banjariya), P.S. - Madhuban, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. P.K.Shahi, Sr. Advocate Mr.Mukesh Kumar For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-01-2023 The learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard Mr. P.K.Shahi, the learned Sr. Advocate for the petitioners and learned APP for the State. The petitioners apprehend their arrest for the offences alleged under Section 406, 420, 504 and 506/34 of the Indian Penal Code, registered in connection with Madhuban P.S.Case No. 218 of 2021.

As per allegation, co-accused Nirbhay Kumar Yadav

Patna High Court CR. MISC. No.71516 of 2021(7) dt.03-01-2023 2/3 along with his wife(petitioner no.1) and sons (petitioner nos. 2 and 3) allured the women in the locality to make association and to make investment. The further allegation is that they took Rs.4.50 crores from the group leaders of the different groups and they misappropriated the amount.

Mr. P.K.Shahi, the learned Sr. Counsel for the petitioners has submitted that the petitioners have falsely been implicated merely because they are wife and sons of the main accused Nirbhay Kumar Yadav, who has been granted provisional regular bail, vide order dated 17.10.2022 in Cr.Misc. No. 8107 of 2022 on his assurance to refund the entire money collected by him.

Considering the fact that the main accused Nirbhay Kumar Yadav has assured to refund the entire money and the petitioners are wife and sons of the main accused, Nirbhay Kumar Yadav, let the petitioners above-named, in the event of their arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, I/C, East Champaran, Motihari in connection with Madhuban P.S.Case No. 218 of 2021, subject to

Patna High Court CR. MISC. No.71516 of 2021(7) dt.03-01-2023 3/3 the conditions as laid down under Section 438(2) Cr. P.C. Office shall ensure that all defects are removed by the petitioners within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T