Mina Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30166 of 2017 Arising Out of PS.Case No. -457 Year- 2016 Thana -FATUHA District- PATNA ====================================================== Mina Devi, W/o Dhanesh Kumar, Resident of Village- Kohawan, P.S.- Daniyawan, District- Patna, Presently residing at Mina Sadan Co-operative Colony, Station Road Fatuha, P.S. Fatuha, District- Patna. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Dhananjaya Nath Tiwari, Advocate For the Opposite Party : Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 14-07-2017 Heard.
The petitioner apprehends arrest in connection with Fatuha P.S.Case No.457 of 2016 registered for an offence under Sections 406 and 420 of the IPC.
Learned counsel for the petitioner submits that there was an agreement between the son of the petitioner and the informant for manufacturing Aadhar Card, mobile tower as well as Data entry. The said agreement is part of the FIR. He referred clause 27 of the agreement to show that if any dispute arises between the parties, the same will be settled by the arbitrator. The agreement which was entered into, bears signature of the son of the petitioner and the informant. Petitioner had no role in execution of agreement. The amount was received by her son and
Patna High Court Cr.Misc. No.30166 of 2017 (3) dt.14-07-2017 2/2 so no offence under Section 420 or 406 of the IPC is made out against her.
Considering the nature of allegation, facts and circumstance, prayer of anticipatory bail is allowed. The petitioner, Mina Devi, in the event of her arrest or surrender before the learned court below within a period of six weeks from today in connection with Fatuha P.S.Case No.457 of 2016 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri J.Jamal, Judicial Magistrate, Ist Class, Patna City (Patna) subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sanjay Kumar, J) B.Kr./- U T