Indu Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82914 of 2024 Arising Out of PS. Case No.-219 Year-2024 Thana- NARDIGANJ District- Nawada ====================================================== Indu Devi W/o- Bashisth Singh @ Vasant Singh Village- Janpura PsNardiganj Dist-Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sudhir Kumar, Advocate For the Opposite Party/s :
Dr. Indiwar Kumari, APP For the informant :
Mr. Birendra Kumar, ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 05-12-2024 Heard learned counsel for the petitioner, the State and the informant.
2. The petitioner is in judicial custody in connection with Nardiganj P.S. Case No. 219 of 2024 for the offence punishable under Sections 318(4), 316(2) and 87 of BNS lodged on 21.07.2024 by the informant, Rajesh Kumar.
3. As per the prosecution story, the informant alleged that this petitioner cheated his daughter on the pretext that a good bridegroom will be arranged for her, took Rs. 35,000/-. This led to the FIR.
4. Learned counsel for the petitioner submits that he is an aged lady, had nothing to do with such allegation. In a society offers come and she only wanted to help the girl little
Patna High Court CR. MISC. No.82914 of 2024(2) dt.05-12-2024 2/3 realizing that she will be implicated. In any case, irrespective of the outcome of the present case and/or accepting the allegation, the petitioner intends to give Rs.20,000/- through Demand Draft issued by the local State Bank of India branch to the informant to be submitted before the 'NAZARAT' of the concerned Court to be handed over to the informant after checking the credential.
4. Learned APP opposes the prayer submitting that there is allegation against her.
5. Taking into account the aforesaid submission put forward by the parties as also that she is an aged lady, has already suffered by being in custody since 22.09.2024, this Court is inclined to extend her the privilege of bail subject to payment of Rs. 20,000/- as undertaken by the learned counsel for the petitioner to be paid by Demand Draft of local SBI to be submitted to the trial Court and handed over to the informant after checking credentials.
6. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M.-II, Nawada, in connection with Nardiganj P.S. Case No. 219 of 2024 subject to the following conditions:
(i) one of the bailor should be the family
Patna High Court CR. MISC. No.82914 of 2024(2) dt.05-12-2024 3/3 member/relative of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of her bail bond by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of her bail bonds. (Rajiv Roy, J) Ravi/- U T