Chanchalla Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1678 of 2023 Arising Out of PS. Case No.-444 Year-2022 Thana- BIDUPUR District- Vaishali ====================================================== 1.
Chanchalla Devi Wife Of Late Santosh Singh R/O Vill.- Khanpur Pakri, P.S.- Bidupur, Distt.- Vaishali 2.
Saurav Kumar Son Of Late Santosh Singh R/O Vill.- Khanpur Pakri, P.S.- Bidupur, Distt.- Vaishali ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjit Kumar Thakur For the Opposite Party/s :
Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-03-2023 Heard learned counsel for the petitioners and the State.
Petitioners apprehend their arrest in a case registered for the offence punishable under Sections 406/420/379/120B of the Indian Penal Code.
Prosecution's case in short is that nephew of the informant secretly took mobile phone of the informant and transferred Rs.4.88 lacs in the account of the petitioner and other accused persons. When the informant asked to return the money, they refused to return the same and also threatened him with dire consequences.
Learned counsel appearing for the petitioners submits that the petitioners are innocent and have falsely been
Patna High Court CR. MISC. No.1678 of 2023(2) dt.27-03-2023 2/2 implicated in this case. It is further submitted that there is delay of about one month in lodging of the FIR and there is no plausible explanation of delay which itself creates doubt over the prosecution case. Petitioners have got no criminal antecedent.
Considering the nature of allegation against the petitioners, in the event of arrest/surrender within six weeks from today, let the petitioners, named above, be released 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 the Chief Judicial Magistrate, Vaishali at Hajipur in Bidupur Police Station Case No. 444 of 2022, subject to the conditions laid down under sections 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Shashi U T