Sona Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74927 of 2025 Arising Out of PS. Case No.-1054 Year-2023 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== Sona Devi W/o Premchand Prasad R/o Village - Singthu, Post - Singthu, P.S - Manpur, District - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Gaurav Prakash, Advocate For the State :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-11-2025 Heard Mr. Gaurav Prakash, learned counsel for the petitioner and Mr. Jagdhar Prasad, learned APP for the State.

2. The petitioner is apprehending her arrest in connection with Complaint Case No. 1054(c) of 2023, dated 20.09.2023 registered for the offences punishable under Sections 341, 323, 504, 506, 420 and 406 of the Indian Penal Code but the learned Court below has taken cognizance under Section 406 of the Indian Penal Code vide order dated 10.12.2024.

3. Allegation against the petitioner is that she asked the complainant to invest Rs. 50,000/- in Lokhit Bharti Credit Cooperative Society Ltd. and cheated the complainant in the name of getting it double in 5 years and 9 months and till now

2/4 has not received his money.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and she has been falsely implicated in the present case. He further submits that the allegation as alleged in the complaint petition is false and fabricated and the petitioner has not committed any offence as alleged in the complaint petition. From perusal of the complaint petition, it appears that the complainant has deposited the amount in question in the Bank account of Lokhit Bharti Credit Cooperative Society Ltd. and in return the Society has issued membership certificate including passbook in favour of the complainant and the petitioner has no role at all in the present occurrence and even the petitioner has not received any amount from the complainant and the complainant is directed to deposit the amount in the Bank account of Lokhit Bharti Credit Cooperative Society Ltd.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case and the fact that she has not received any amount from the complainant and she has been made accused merely on the ground that she was associated with the aforesaid Cooperative

3/4 Society, let the petitioner, above named, in the event of her arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Complaint Case No. 1054(c) of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023 and with other following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on her absence on two consecutive dates without sufficient reason, her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed her criminal antecedent, the court below shall take step for

4/4 cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T