Manju Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68912 of 2024 Arising Out of PS. Case No.-632 Year-2023 Thana- KHAGARIA District- Khagaria ====================================================== Manju Devi W/o Nageshwar Prasad singh R/O- Ramnagar, P.S- Beldaur, Distkhagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Y.C. Verma Sr. Advocate Ms. Priyanka Singh For the Opposite Party/s :
Mr. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-12-2024
1. Heard learned Senior counsel for the petitioner, learned A.P.P. for the State.
2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 419, 420, 467 and 471 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a woman aged about 68 years. It is next submitted that in sum and substance, the allegation is that fraudulently from the account of DDC, Khagaria an amount of Rs. 51,67,220/- was withdrawn through 11 cheques and credited in the account no. 462410110003610 of Shantanu Kumar and Shantanu Kumar withdrew an amount of Rs. 50,90,000/- in cash through 13
Patna High Court CR. MISC. No.68912 of 2024(3) dt.18-12-2024 2/3 transactions, further an amount of Rs. 24 Lakhs was withdrawn from the account of Shantanu Kumar in between 28.01.2022 to 11.02.2022.
4. Learned Senior counsel for the petitioner submits that petitioner is not named in the FIR and her name transpired during the course of investigation. It is further submitted that petitioner is mother of Brajesh who is Head Clerk in Khagaria Branch of Bank of India. It is next submitted that during the course of investigation, it transpired that account no. 462410110022845 in the Bank of India was opened on 27.01.2022, it is submitted that the said account was a joint account in the name of the petitioner and her son Brajesh, further during the course of investigation, it transpired that on several occasion, the money was transferred in the account of the petitioner with a view to divert the defalcated amount.
5. The learned Senior counsel for the petitioner submits that petitioner is mother of Brajesh and it was on insistence of Brajesh that the aforesaid account was opened, the account was a joint account, as such, the petitioner was not even aware that as to why her son has got the aforesaid account opened. It is also submitted that petitioner is a housewife and was completely unaware of the transactions which took place in
Patna High Court CR. MISC. No.68912 of 2024(3) dt.18-12-2024 3/3 the account as the same was being monitored and looked after by her son Brajesh. It is next submitted that it appears that Brajesh in order to divert the issue got the account opened in the name of his mother also.
6. Learned APP for the State opposes the prayer for anticipatory bail of the petitioner
7. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Khagariya P.S. Case No. 632 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishabh/- U T