Ambika Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72646 of 2024 Arising Out of PS. Case No.-139 Year-2022 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== 1.
Ambika Devi Wife of Umakant Yadav R/O-Village -Tulsiyahi, P.S. -Laukahi, District- Madhubani 2.
Umakant Yadav Son of Late Jeewachch Yadav R/O-Village -Tulsiyahi, P.S. -Laukahi, District- Madhubani ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Mahanthi Sah Son of Late Laxman Sah R/O-Village -Tulsiyahi, P.S. -Laukahi, District- Madhubani ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Bharti, Adv.
For the Opposite Party/s :
Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 08-04-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in a case instituted for the offence punishable under Sections 120(B), 420, 467, 468/34 of the Indian Penal Code.
3. According to the complaint, petitioner no. 2, in collusion with his wife Ambika Devi (petitioner no. 1), who was serving as the Chairman of the Primary Agricultural Credit Society (PACS), obtained signatures from the
Patna High Court CR. MISC. No.72646 of 2024(5) dt.08-04-2025 2/3 complainant and other farmers under the pretext of facilitating a credit loan. Thereafter, they allegedly conspired fraudulently to secure Kisan Credit Loans in their names and misappropriated the loan amounts. Despite the issuance of a legal notice by the complainant and other affected farmers, no response was received from the petitioners.
4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. From perusal of para 9 of the complaint petition, it is evident that loan could not be sanctioned in favour of the complaint and no any cheat of paper has been filed with complaint petition to show that notice was issued to him for payment of Rs. 33,000/- ( thirty three thousand rupees). There is inordinate delay in filing the instant complaint. Moreover, a statement has been made in para 3 of the petition that petitioners have no criminal antecedent.
5. Learned A.P.P. for the State vehemently opposed the prayer of bail.
6. Having heard learned counsel for the parties and
Patna High Court CR. MISC. No.72646 of 2024(5) dt.08-04-2025 3/3 in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from receipt of this order and in the event of their arrest or surrender in connection with C.R. Case no. 139 of 2022 corresponding to T.R. No. 3025 of 2023, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate II, Jhanjharpur, Madhubani, subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(S. B. Pd. Singh, J) Nirajkrs/- U T