Renu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61883 of 2022 Arising Out of PS. Case No.-188 Year-2020 Thana- ATHMALGOLA District- Patna ====================================================== Renu Devi, Wife Of Birendra Mishra R/O Village- Kalyanpur, P.S.- Athmalgola, Distt.- Patna ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

3.

The Branch Manager, State Bank Of India Athalgola, Patna The Principal, Raj Kumar College, G.E. Road, Raipur, Raipur, Chhatisgarh, Pin Code-492010.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Bardhan Pandey- Advocate For the Opposite Party/s :

Mr.Chandra Bhushan Prasad- A.P.P.

Mr. Apurv Harsh- Advocate Mr. Manu Tripurari- Advocate Ms. Mahima Sharma- Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-08-2023

1. Heard learned counsel for the petitioner, learned counsel for the Bank and learned APP for the State.

2. The petitioner seeks bail in anticipation of her arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471 of the Indian Penal Code.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a woman and the informant alleges that a cheque of Rs.7,75,000/- was presented for encashment, but the informant prior to encashment the cheque was verified from the account holder, from whose account the cheque was issued. The account-holder, on inquiry,

Patna High Court CR. MISC. No.61883 of 2022(8) dt.02-08-2023 2/3 informed that the cheque was not issued by him, thus the cheque was put on hold. Further, alleges that the amount was to be credited in the account of the petitioner.

4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is next submitted that petitioner is a housewife and completely unaware that such cheque was presented to be credited in her account. It is further submitted that no prudent person would commit an occurrence and thereby create evidence against himself/herself. It is thus submitted that the petitioner was a direct beneficiary, had the cheque been credited in her account, but then, she would have been implicated easily that it was her account where the amount was credited. It is further submitted that it appears that someone in order to falsely implicate the petitioner or taking advantage of her, being housewife, committed the occurrence.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner that petitioner is a person with clean antecedent and is a woman, the petitioner, above-named, in the event of her arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail

Patna High Court CR. MISC. No.61883 of 2022(8) dt.02-08-2023 3/3 on her furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Barh, Patna in connection with Athmalgola P. S. Case No.188 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T