Mithilesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21429 of 2018 Arising Out of PS. Case No.-383 Year-2017 Thana- BUDDHACOLONY District- Patna ====================================================== Mithilesh Singh, W/o Nirbhay Singh, R/o House No. 463, Sector-39, Near Medanta Hospital Gurugram (Gurgaon), P.S.- Sadar, District- Gurugram, Haryana Pin-122001.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate.

For the Opposite Party/s :

Dr. Ajeet Kumar Mr. Nagendra Singh, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 13-04-2018 Heard learned counsels for the petitioner and the State as well as learned counsel for the informant.

The petitioner, already in custody, seeks bail in connection with Budha Colony P.S.Case No. 383 of 2017 registered under Sections 406, 420, 504, 506 and 120B/34 of the Indian Penal Code and 138 of the Negotiable Instrument Act. Allegation in brief is that petitioner's husband assured the informant to purchase him Exuder Online machine at the price of Rs. 25 lacs and informant paid Rs. 23 lacs in installments but the machine was not provided when he persuaded to return back money, petitioner's husband issued cheque but got dishonoured when presented in the bank.

Submission is that petitioner is wife of Nirbhay Singh and the whole allegation is attributed to her husband and as per

Patna High Court Cr.Misc. No.21429 of 2018(2) dt.13-04-2018 2/2 allegation money was given to him and he issued cheque. The only allegation against this petitioner is that she had also conspired but without assigning any specific role and she is in custody since 21.12.2017.

Having considered the fact that specific allegation is against husband of the petitioner, so petitioner, namely, Mithilesh Singh, is directed to be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Mr. Rajesh Prasad Gupta, Sub Judge-XVI cum ACJM, Patna in connection with Budha Colony P.S. Case No. 383 of 2017.

(Arun Kumar, J) sujit/- U