Moni Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62787 of 2025 Arising Out of PS. Case No.-34 Year-2025 Thana- DHAMOUL District- Nawada ====================================================== Moni Kumari W/o Raushan Kumar Gupta R/o Village- Dhamaul, P.S.- Dhamaul, District- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Surendra Kumar Singh, Adv :
Mr. Shashi Kumar, Adv :
Mr. Ashutosh Kumar Pandey, Adv For the Opposite Party/s :
Mr. Anil Kumar Singh No. 1, APP For the Informant :
Mr. Sanjeev Kumar, Adv :
Mr. Ritesh Kumar, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 15-10-2025 Heard the parties.
2. The petitioner seeks bail in connection with Dhamaul P.S. Case No. 34 of 2025 registered for the offences under Sections 318(4), 336(3), 338, 340(2), 351(2) and 3(5) of the Bharatiya Nyaya Sanhita.
3. The petitioner is named in the F.I.R. and is in custody since 16.06.2025.
4. The allegation against the petitioner is to cheat informant along with other co-accused persons/family members i.e., husband and father-in-law on pretext of investment and purchase of land to the tune of Rs. 2.85 Crores.
5. Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.62787 of 2025(4) dt.15-10-2025 2/3 submitted that admittedly the transaction was made between the parties for different investment and purchasing of land. It is submitted that prime accused in this case is the husband of petitioner who returned almost Rs. 2,42,35,000/- to informant. It is also submitted that for Rs. 66 lakhs an agreement was drawn between the parties, but as husband of petitioner found that he already made extra payment of what he received from informant, therefore, agreement for payment of Rs. 66 lakhs was not actuated. It is also submitted that overall allegation primarily suggests civil dispute between the parties arising out of monetary transactions. While concluding the argument it is submitted that, petitioner is a lady of clean antecedent and moreover, investigation of this case has already completed, and as such, there is no chance of tampering with the evidence.
6. Learned APP duly assisted by learned counsel appearing on behalf of informant, while opposing the prayer for bail submitted that amount was also transferred to the account of this petitioner. It is submitted that petitioner along with her husband and father-in-law cheated informant on pretext of investment and purchase of land.
7. In view of aforesaid factual submission and by taking note of fact as primarily the allegations raised in the background of
Patna High Court CR. MISC. No.62787 of 2025(4) dt.15-10-2025 3/3 monetary transactions, which made between the parties on pretext of investment and purchase of land, where prima-facie due to certain differential amount allegation of cheating and fraud appears raised against petitioner, who is a lady of clean antecedent, coupled with the fact as petitioner remains in custody since 16.06.2025, accordingly above named petitioner, is directed to be released on bail in connection with Dhamaul P.S. Case No. 34 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Nawada/concerned court, subject to the conditions as mentioned under Section 480(3) of the B.N.S.S. (Chandra Shekhar Jha, J.) S.Tripathi/- U T