Laxmi Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65583 of 2023 Arising Out of PS. Case No.-159 Year-2023 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Laxmi Kumari Wife Of Satish Prasad @ Satish Prasad Gupta R/O Vill - Ankodha, P.S. - N.T.P.C. Khaira, Distt. - Aurangabad ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Ruby Devi Wife of Sanjay Prasad Khatri R/o vill - Baraulichak, P.S. - Haspura, Distt. - Aurangabad ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Aurangabad Town P.S. Case No. 159 of 2023 dated 05.03.2023 instituted for the offence punishable under Sections 420, 467, 468, 406, 409 of the Indian Penal Code.
3. The prosecution case, in short, is that the petitioner along with other accused persons were working in Ujjawal Institute of Education Technology Private Limited Company as agents and they got deposited rupees in the aforesaid company from public and instead of that 8% commission per month is given to them as wages. It has been further alleged that the
Patna High Court CR. MISC. No.65583 of 2023(2) dt.07-11-2023 2/3 petitioner got deposited rupees in the aforesaid company from the informant and others public as mentioned in the complaint petition. Complainant also deposited Rs. 7800 through the petitioner and other accused persons and thereafter she came to know that the aforesaid company had fled away closing his office situated at Sanskrit Vidyalya Market, Madarsa Road behind the New Civil Court, Aurangabad.
4. Learned counsel for the petitioner submits that the petitioner is innocent and she has been falsely implicated in this case. It is further submitted that petitioner is also an agent of the said company. Learned counsel for the petitioner submits that the petitioner was franchise agent for Nabinagar for Bekhoauph India Republic News Pvt. Ltd. She deposited Rs. 4 lakh through cheque and Rs. 60,000/- in cash. When she learned that they have closed their office then she also filed a case bearing Complaint Case No. 759 of 2023 against Pawan Kumar Gupta. Learned counsel for the petitioner submits that she is also a victim of fraud. Learned counsel for the petitioner submits that the informant and petitioner have compromised the matter and accordingly a compromise petition has been filed in the court below. Lastly, it has been submitted that petitioner has no criminal antecedents.
Patna High Court CR. MISC. No.65583 of 2023(2) dt.07-11-2023 3/3
5. Learned A.P.P. has opposed the prayer for anticipatory bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Aurangabad Town P.S. Case No. 159 of 2023, she will be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Aurangabad subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Khatim Reza, J) premchand/- U T