Puja Devi @ Puja Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71630 of 2022 Arising Out of PS. Case No.-340 Year-2022 Thana- PATNA CITY CHOWK District- Patna ====================================================== 1.

PUJA DEVI @ PUJA MISHRA Wife of Pankaj Kumar Mishra Resident of Gurudwara Bal Lila, Mani Sangat, Chhoti Patan Devi, Patna City, P.SChowk, Dist- Patna 2.

Pankaj @ Pankaj Kumar Mishra Son of Dev Kumar Mishra Resident of Gurudwara Bal Lila, Mani Sangat, Chhoti Patan Devi, Patna City, P.SChowk, Dist- Patna 3.

Kamini Devi @ Kamini Mishra Wife of Dev Kumar Mishra Resident of Gurudwara Bal Lila, Mani Sangat, Chhoti Patan Devi, Patna City, P.SChowk, Dist- Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Braj Bhushan Mishra For the Opposite Party/s :

Mr. Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-02-2023 Heard learned counsel for the petitioners as well as learned APP for the State.

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

Allegedly, the petitioners took money from the informant showing house and land. When the informant went to live in the said house, the petitioners assaulted her. Thereafter, the informant asked the petitioners to return her money but the petitioners started putting off the matter on one pretext or other

Patna High Court CR. MISC. No.71630 of 2022(2) dt.02-02-2023 2/3 and also assured to return the money of the informant with interest or will give half of the land till 2018 but, till now, the petitioners have not given anything to the informant. 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 due to previous dispute between the parties. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific allegation against the petitioners. The specific allegation is against the co-accused Raushan Kumar @ Sumit Kumar. The real fact of the case is that the informant has herself taken loan from the co-accused Raushan Kumar and they have executed an agreement on 06.07.2019. Petitioners have no criminal antecedent, as also mentioned in para-3 of the bail application.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, 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

Patna High Court CR. MISC. No.71630 of 2022(2) dt.02-02-2023 3/3 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 connection with Chowk P.S. Case No.340 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T