Praveen Ara v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73129 of 2024 Arising Out of PS. Case No.-70 Year-2023 Thana- SITAMARHI District- Sitamarhi ====================================================== Praveen Ara, W/o Md. Ali Ansari, R/o Village- Rajopatti, P.S.- Sitamarhi, District- Sitamarhi ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Dhruv Kumar Shraff, S/o Late Ramchandra Prasad Shraff, R/o VillageSonapatti, Ward No.09, P.S.- Sitamarhi, District- Sitamarhi ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hans Lal Kumar, Advocate For the Opposite Party/s :
Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 23-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends her arrest in connection with Sitamarhi P.S. Case No.70 of 2023 instituted under Sections 406, 420, 467, 468 & 471 of the Indian Penal Code.
3. As per the prosecution case, co-accused Shaheen Praveen and Md. Ali Ansari committed conspiracy and cheated informant by taking ornament of Rs. 14,56,700/- and they did not pay money to him. It is also alleged that cheques which were given to informant were issued in the joint name of petitioner and co-accused Md. Ali Ansari.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.73129 of 2024(2) dt.23-10-2024 2/3 petitioner is innocent and has been falsely implicated in this case. He further submits that she is not named accused in the FIR and she has been made accused in this case due to the reason that cheques in question were issued in joint name of petitioner and co-accused Md. Ali Ansari. Learned counsel also submits that the petitioner was married with the co-accused Md. Ali Ansari in the year 2005 but when he solemnized marriage with Shaheen Praveen in 2016, she is living separately and she has now no concern with the co-accused Md. Ali Ansari and Shaheen Praveen. Petitioner neither went to the shop of the informant nor have taken any ornaments from him and she has no role in the said occurrence. He further submits that petitioner is a lady having one criminal antecedent in which she is on bail and she undertakes to co-operate in the investigation and the trial.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two
Patna High Court CR. MISC. No.73129 of 2024(2) dt.23-10-2024 3/3 sureties of the like amount to each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi / Concerned Trial Court in connection with Sitamarhi P.S. Case No.70 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) ashishkr/- U T