Jahanavi Singh@Tannu Priya @Princi@Prishti Singh @ Prishi Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84294 of 2024 Arising Out of PS. Case No.-409 Year-2024 Thana- BEUR District- Patna ====================================================== Jahanavi Singh@Tannu Priya @Princi@Prishti Singh @ Prishi Singh D/O Rajeev Kumar Resident of Village- Bhado P.S- Aurai, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms.Vaishnavi Singh, Adv.
For the Opposite Party/s :
Mr.Anil Kumar Singh No. 1, APP For the Informant :
Mr. Sawarn, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Beur P.S. Case No. 409 of 2024 instituted for the offences under Sections 204, 338, 336(3), 318(4), 316(2), 319(2) and 340(2) of the Bharitya Nyaya Sanhita.
3. As per prosecution case, the allegation has been made against the petitioner of misleading and cheating the Informant by giving false identity and claiming her to be a doctor and an I.A.S. Officer.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against her and has falsely been implicated in the present case.
2/4 She further submits that as a matter of fact, there was a love affair between the parties and when the petitioner visited the house of the Informant, the behaviour of the family members towards her was not amicable and, thus, the relation between the petitioner and the Informant soured and, out of vengeance, the Informant manufactured some documents to falsely implicate the petitioner in the present case. She further submits that though, in the F.I.R., it has been alleged that the Informant had brought jewellery for the petitioner worth Rs. 6 lacs but, no substantial proof has cropped up to evidence the same other than the bland statement, either in the F.I.R. or during investigation.
Learned counsel for the petitioner further submits that in fact, the jewellery of the petitioner was misplaced in the house of the Informant but, as per F.I.R., the said jewellery was recovered from the house of the aunt of the Informant and, it appears that to save the skin of the real culprit, the present false case has been instituted against the petitioner. The petitioner has one criminal antecedent in which she is on bail and is languishing in judicial custody since 27.07.2024 without any rhymes or reason. Learned counsel for the petitioner further undertakes that the petitioner is ready to comply any conditions as is imposed by this Hon'ble Court while granting her bail.
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5. On the other hand, learned A.P.P. for the State and the Informant have vehemently opposed the prayer for grant of bail to the petitioner, stating that the petitioner has misled and deceived the Informant by misrepresented herself as a doctor and an UPSC successful candidate. A fake identity card of AIIMS, New Delhi and and a fake Aadhar Card have also been recovered from the possession of the petitioner. Learned counsel for the Informant further stated that the petitioner earlier in a similar manner has also committed an offence in Dhaka (East Champaran at Motihari) wherein she had stolen gold jewelries from the house of the Informant of the said case.
6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner being lady, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Beur P.S. Case No. 409 of 2024, subject to the following conditions;
(i) One of the bailor(s) shall be the own/close family members of the petitioner.
4/4 (ii) The petitioner shall cooperate 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 in the event of failure on two consecutive dates without sufficient reasons, her bail bond shall be liable to be cancelled by the court below.
(iii) If the petitioner tampers with the evidence or the witnesses of the case by intimidating/pressurizing the witnesses, during the investigation or trial, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (iv) If the petitioner is found indulged in any criminal activity or commission of any crime after being released on bail, the prosecution will be at liberty to file an appropriate application before the court below for cancellation of his bail. (Rudra Prakash Mishra, J) rishi/- U T