Shweta Kumari @ Sweta Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73263 of 2023 Arising Out of PS. Case No.-29 Year-2020 Thana- SARAN COMPLAINT CASE DistrictSaran ====================================================== Shweta Kumari @ Sweta Kumari W/O Sanjay Kumar Singh R/O Village- Majilispur, P.SKopa, Distt.- Saran. ... ... Petitioner/s

Versus

1.

The State of Bihar BIHAR 2.

Lakhichandra Rai S/O Late Shiv Prasad Rai R/O Village- Pachbhinda, P.S- Taraiya, Distt.- Saran.

... ... Opposite Party/s ====================================================== For the Petitioner/s :

Mr.Sunil Kumar Singh, Advocate For the Opposite Party/s :

Mrs.Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Complaint Case No. 29 of 2020 vide Tr. No. 264 of 2023 dated 04.1.2020 registered for the offences punishable u/ss 406, 420, 467, 468, 471, read with section 34 of the Indian Penal Code.

3. As per the prosecution case, the accused persons enticed the Complainant to sell the land to the petitioner and the co-accused Md. Aziz gave two cheques to the Complainant which was dishonored.

4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. As per Complaint Case, the specific allegation is against the co-accused,

Patna High Court CR. MISC. No.73263 of 2023(2) dt.29-11-2023 2/2 Md. Aziz who issued two cheques to the Complainant which became dishonored. It is further submitted that the petitioner has no concern with the alleged offence. The co-accused person has already been granted anticipatory bail by the Coordinate Bench of the court vide order dated 24.06.2023 passed in Cr. Misc. No. 23446 of 2023. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Saran at Chapra in connection with Complaint Case No. 29 of 2020, Tr. No. 264 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T