Puja Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67400 of 2023 Arising Out of PS. Case No.-229 Year-2023 Thana- BIHPUR District- Bhagalpur ====================================================== 1.

PUJA KUMARI WIFE OF ANIL YADAV RESIDENT OF VILLAGE -LATTIPUR, PS- BIHPUR, DISTT- BHAGALPUR 2.

CHITRALEKHA DEVI WIFE OF BISHWANATH YADAV RESIDENT OF VILLAGE -LATTIPUR, PS- BIHPUR, DISTT- BHAGALPUR ... ... Petitioners.

Versus

1.

The State of Bihar 2.

JITENDRA THAKUR SON OF SATENDRA THAKUR RESIDENT OF VILLAGE -BABHANGAMA, PS- BIHPUR, DISTT- BHAGALPUR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kamlesh Kumar Pathak For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan For the O.P. No.2 : Mr. Rajesh Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-04-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State assisted by learned counsel for the opposite party no.2.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 406, 420 and 323/34 of the Indian Penal Code.

3. The allegation against these petitioners is that they had taken huge amount from the informant for doing business of poultry farm and giving 50% share in the profit but when the informant went to demand his money and share he was misbehaved by these petitioners.

Patna High Court CR. MISC. No.67400 of 2023(4) dt.16-04-2024 2/3

4. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. It is further submitted that petitioner no.1 is ready to return Rs.88,000/- to the informant. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned for the opposite party no.2 submitted that he has no objection in granting privilege of bail to the petitioners if petitioner no.1 is ready to return Rs.88,000/-.

6. Having regard to the facts and circumstances of the case as well as the fact that petitioner no.1 is ready to return Rs.88,000/- to the informant, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of eight weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Bihpur P.S. Case No.229 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

Patna High Court CR. MISC. No.67400 of 2023(4) dt.16-04-2024 3/3

7. The learned Court below is directed to accept the bail bond of the petitioners after satisfying that Rs.88,000/- has already been paid to the informant.

(Anjani Kumar Sharan, J) Trivedi/- U T