Shanti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68675 of 2022 Arising Out of PS. Case No.-153 Year-2022 Thana- SHAMBHUGANJ District- Banka ====================================================== SHANTI DEVI Wife of Ghanshyam Prasad Singh R/v- Kaitha, P.S.- Shambhuganj, District- Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agrawal, Sr. Adv.
Ms. Sweta, Adv.
Mr. Kumar Rajdeep, Adv.
For the Opposite Party/s :
Mr.Parmeshwar Mehta, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-05-2023 Heard learned senior counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 406, 409, 420, 467, 468, 471, 120B of the Indian Penal Code.
Allegedly, petitioner, along with other co-accused person, is said to have made forged job card, opened forged bank account and withdrew the money from the bank accounts of eight persons illegally.
It is submitted by learned senior counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. She has been falsely implicated in this case due to dirty local
Patna High Court CR. MISC. No.68675 of 2022(3) dt.03-05-2023 2/3 politics. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has no concern with the alleged occurrence rather she has been made accused in this case only as she was Mukhiya of Gram Panchayat Birunondha (Shambhuganj). There is no evidence on record to show that the petitioner was indulged in opening the bank account and withdrawing the money illegally. The allegation of withdrawing the money from the bank accounts of victims is totally vague as even the same has not been disclosed in the FIR that how much amount has been misappropriated. Neither the petitioner issued job cards to the beneficiaries nor she misappropriated any money. It is further submitted that petitioner is ready to deposit Rs. 12,700/- in bank accounts of each victim of this case. Petitioner has one criminal antecedent as mentioned in para-3 of this application.
Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on provisional bail for a period of six months, in the event of her 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) with two sureties of the like
Patna High Court CR. MISC. No.68675 of 2022(3) dt.03-05-2023 3/3 amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Patna Shambhuganj P.S. Case No. 153 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. Petitioner is agreed to deposit Rs. 12,700/- in the accounts of each victim of this case. After being satisfied that the amount of Rs. 12,700/- has been paid to each victims of this case by the petitioner, the provisional bail of the petitioner will be confirmed by the learned Court below itself. The name and the bank account numbers of the victims are mentioned in page no. 23 of the FIR.
Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) divyanshi/- U T