Usha Devi And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34390 of 2018 Arising Out of PS.Case No. -94 Year- 2017 Thana -JALALPUR District- SARAN ======================================================
1. Usha Devi W/o Ramayan Singh,
2. Sumit Prasad @ Sumit Kumar, S/o Late Babu Lal Prasad.
3. Sunil Prasad @ Sunil Kumar Singh, S/o Late Babu Lal Prasad. All are resident of Village- Gamhariya, P.S. Jalalpur, District Saran at Chapra. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Dudh Nath Puri, S/o Ramji Puri, resident of Village- Nasira ke Mathia, P.S.- Daudpur, District- Saran at Chapra .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nawal Kishore Singh, Adv. For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-07-2018 Heard both sides.
The petitioners apprehend their arrest in Jalalpur P.S. Case No. 94/2017, registered for the offences punishable under Sections 323, 379, 420, 467, 468, 409 and 506 of the Indian Penal Code.
The informant filed complaint case no. 939/2017, on the basis of which the present F.I.R. was registered. The informant alleged that Ramayan Singh and others persuaded the complainants and others to deposit in the company of Ramayan Singh. The complainant deposited Rs. 70,000/- with the assurance that he would get the principal amount with 12.05% interest thereon, but the informant did not receive any money.
Patna High Court Cr.Misc. No.34390 of 2018 (2) dt.02-07-2018 2/2 Learned counsel for the petitioners submits that petitioner no. 1 is wife of Ramayan Singh and petitioner no. 2 and petitioner no. 3 are relatives of Ramayan Singh. No specific allegation of misappropriation is made against the petitioners. The petitioners did not persuade the complainant or any customer to deposit any amount in the company of Ramayan Singh. Similarly situated three accused persons have already been granted anticipatory bail vide order passed in Cr. Misc. 16576/2018.
Considering the facts aforesaid and nature of allegation made against the petitioners and the fact that petitioners are wife and relatives of Ramayan Singh and no specific allegation is made against the petitioners, the petitioners above-named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran at Chapra in connection with Jalalpur P.S. Case No. 94/2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Prabhat Kumar Jha, J) Vinita/- U T