Arti Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68136 of 2023 Arising Out of PS. Case No.-30 Year-2023 Thana- KAHALGAON District- Bhagalpur ====================================================== 1.

ARTI KUMARI Wife of Amit Kumar Digi Trend Softech Private Ltd. Resident of Ghogha Bazar, P.s. Ghogha Kahalgaon, Distt. - Bhagalpur 2.

Anamika Kumari @ Anamika D/o Kaushal Marandi R/o Sitla Asthan Tilkamanjhi, P.S. - Tilkamanjhi, Distt. - Bhagalpur ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Ravi Prakash Son of Om Prakash R/o vill - Gandhinagar, P.S. - Kahalgaon, Distt. - Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Chandra For the Opposite Party/s :

Mr. Md. Fahimuddin For the O.P. No.2 :

Mr. Sanjeev Kumar Singh Ms. Neha Rani ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-01-2024 Heard the parties.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 406, 420 of the Indian Penal Code.

3. Allegedly, the informant has been cheated by Digitrand Softech Private Limited of which the petitioners are the Directors. The informant further stated that he deposited 76,700/- with G.S.T. along with agreement charge for which he has not been given any receipt. He further deposited Rs.1,50,000/- for tracking device for which he has given an

Patna High Court CR. MISC. No.68136 of 2023(3) dt.25-01-2024 2/3 assurance he will get benefit of Rs.11,814 every month. The informant received Rs.11,814/- in Indian Overseas Bank and after that the said company did not paid any installments.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. He submits that the matter has been compromised between the informant and co-accused Amit Kumar and he has returned Rs.1,50,000/- to the informant, which is clear from the Annexure-3 of the bail application. Petitioners have no criminal antecedent.

5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as this is a case of money dispute between the parties, 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 six 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 court below where the case is pending/Successor Court in

Patna High Court CR. MISC. No.68136 of 2023(3) dt.25-01-2024 3/3 connection with Kahalgaon P.S. Case No.30 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T