Sulekha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1703 of 2023 Arising Out of PS. Case No.-2112 Year-2019 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== Sulekha Kumari W/O Vinod Kumar R/V- Bangama, Khadigram, P.S.- Barhat, District- Jamui ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satya Prakash Parasar For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-10-2023 Heard learned counsel for the petitioner, learned counsel for the complainant and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending her arrest in a case registered for the offence punishable under Section 406 of the Indian Penal Code.

3. Petitioner along with other accused persons are said to have misappropriated money to the tune of about twenty lakhs which were collected from the innocent girls.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no specific overt act against the petitioner. He submits that there is general and omnibus allegation levelled against the petitioner. He submits that the

Patna High Court CR. MISC. No.1703 of 2023(3) dt.09-10-2023 2/2 learned counsel below has taken cognizance against the petitioner under Section 406 of the IPC. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State and learned counsel for the complainant opposing the prayer for bail submit that the petitioner is also involved in the present case.

6. Considering the facts and circumstances of the case and the fact that the learned court below has not taken cognizance under Section 138 NI Act, let the above named petitioner in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Complaint Case No. 2112 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T