Chandra Kala Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5070 of 2023 Arising Out of PS. Case No.-313 Year-2021 Thana- PHULPARAS District- Madhubani ====================================================== CHANDRA KALA DEVI W/o Chandeshwar Thakur R/o Village- Suriyahi, P.S.- Phulparas, Distt- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ratanakar Jha For the Opposite Party/s :
Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 406, 420, 504, 506, 34 of the Indian Penal Code.
3. As per FIR, the informant alleged that Rs. 7,39,000/- was allotted to him and in the the course of construction work the informant invested/spent a sum of Rs. 13,42,630/- which was not paid by co-accused persons. It is further alleged that Rs. 2 lakh was also taken from the informant by co-accused persons to pay the labourers but the same has not been paid them.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.5070 of 2023(4) dt.11-10-2023 2/3 petitioner has submitted that petitioner is innocent and has committed no offence. The petitioner is wife of co-accused and being Secretary of ward Kriyanwayan and Prabhandan Smiti of Ward No-10 has falsely been implicated in this present case. The petitioner is not named in the FIR and she has no concern with the alleged occurrence and during investigation not a single witness stated about the complicity of the petitioner in this alleged occurrence. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 18.03.2023 passed in Cr. Misc. No. 45018 of 2022. It is further submitted that the petitioner has got no criminal antecedent. Moreover, she is languishing in judicial custody since 11.03.2022.
5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Phulparas P.S. Case No. 313 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.5070 of 2023(4) dt.11-10-2023 3/3 learned Additional Chief Judicial Magistrate-II, Jhanjharpur. (Sunil Kumar Panwar, J) Manishkr/- U T