Devawati Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83834 of 2024 Arising Out of PS. Case No.-126 Year-2019 Thana- KAMTAUL District- Darbhanga ====================================================== Devawati Devi Wife of Ram Prasad Ray Resident of Village- Ward No. 10 Dumra, Paktola Aurai, Police Station -Dumra District- Sitamarhi ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Md. Ahsanuddin S/o-Salauddin Vill- Sheikhpura, Daugarbara PS- Keoati Dist- Darbhanga ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nilendu Kumar Choudhary, Advocate For the State :
Mr.Humayou Ahmad Khan, APP For the O.P. No.2 :
Mr. Vivek Anand Amritesh, Advocate Mr. Sudhanshu Trivedi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-05-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the O.P. No. 2.
2. The petitioner apprehends arrest in connection with Kamtaul P.S. Case No. 126 of 2019, lodged on 22.08.2019, for the offences punishable under Sections 406, 420, and 419 of the Indian Penal Code.
3. As per the prosecution, the informant was a customer of the State Bank of India (SBI), and certain sums of money were fraudulently transferred from his savings bank account into the accounts of two other individuals. An amount of 20,000/- was transferred into the bank account of the
Patna High Court CR. MISC. No.83834 of 2024(3) dt.12-05-2025 2/3 petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. It is contended that the petitioner, being an elderly woman aged about 59 years, had no knowledge of the said transaction. Counsel further submits that the petitioner rarely comes outside her home, and upon learning about the filing of the present case, she verified and discovered that the said amount had been credited to her bank account. However, she undertakes to return the sum of 20,000/- to the person concerned. It is further submitted that the petitioner has a clean antecedent.
5. Learned counsel for the informant vehemently opposes the prayer for bail and submits that the petitioner failed to appear before the Investigating Officer despite having been served a notice under Section 41A of the Code of Criminal Procedure.
6. Learned APP for the State also opposes the prayer for bail.
7. Considering the facts and circumstances of the case, particularly the petitioner's age and her willingness to return the amount allegedly credited to her account, the petitioner is directed to be released on bail, in the event of her
Patna High Court CR. MISC. No.83834 of 2024(3) dt.12-05-2025 3/3 arrest or surrender within a period of six weeks from today, on furnishing a bail bond of 30,000/- (Rupees Thirty Thousand only), as provided under Section 2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita, 2023, to the satisfaction of the learned S.D.J.M., Darbhanga, in connection with Kamtaul P.S. Case No. 126 of 2019, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
8. It is made clear that on the date of furnishing the bail bond, the petitioner shall produce a demand draft of 20,000/- before the Trial Court, which shall be handed over to learned counsel for O.P. No. 2 for further delivery to O.P. No. 2 in the Court itself.
(Dr. Anshuman, J) Ashwini/- U T