Rinku Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78253 of 2023 Arising Out of PS. Case No.-259 Year-2021 Thana- SHAHPUR PATORI District- Samastipur ====================================================== RINKU DEVI W/O SRI SANTOSH KUMAR R/O VILLAGERASHALPUR HABIB, P.S- DESHARI, DISTT.- VAISHALI. ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. A.K. Thakur Mrs. Vaishnavi Singh Mr. Ritwik Thakur For the Opposite Party/s :
Mr. Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-12-2023 Heard the parties.
2. The petitioner apprehends her arrest in a case registered for the offence punishable under Sections 406, 409, 420, 467, 468, 471, 34 of the Indian Penal Code.
3. The informant alleged that his sister has an account in Punjab National Bank and he had gone to the bank and gave Rs.10,000/- to the cashier Santosh Kumar for depositing money in the said account and in lieu whereof he got a receipt but next day, when he went to update the passbook, he realized that the amount was not deposited. It is alleged that the said money has been misappropriated by the petitioner and other accused persons.
4. It is submitted by learned counsel for the petitioner that
Patna High Court CR. MISC. No.78253 of 2023(2) dt.08-12-2023 2/3 petitioner is quite innocent and have committed no offence. She has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. She has been made accused in the present case only because she is the wife of cashier of the bank. He further submits that demand draft of Rs.10,000/- was already deposited in the bank account of informant's sister. He further submits that the co-accused has been granted anticipatory bail by a coordinate Bench of this Court vide order dated 28.11.2022 passed in Cr. Misc. No.34637 of 2022. Petitioner has no criminal antecedent.
5. Learned APP for the State opposed the prayer for anticipatory bail.
6. Having regard to the facts and circumstances of the case as well as considering that there is general and omnibus allegation against the petitioner, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.78253 of 2023(2) dt.08-12-2023 3/3 satisfaction of the learned court below where the case is pending/Successor Court in connection with Shahpur Patori P.S. Case No.259 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) shikha/- U T