Muskan Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84570 of 2024 Arising Out of PS. Case No.-579 Year-2024 Thana- COMPLAINT CASE - PATNA CITY District- Patna ====================================================== Muskan Kumari D/O Ram Naresh Prasad, W/O Sri Rajan Kumar R/O Village- Makhanpur, Idgah Road, P.S- Alamganj, Distt.- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Renu Priya W/O Mithilesh Kumar R/O Village- Makhanpur, Idgah Road, P.S.- Alamganj, Distt.- Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jay Ram Prasad, Advocate For the State :

Mr. Jharkhandi Upadhyay, APP For the O.P. No.2 :

Mr. Bhavesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 22-03-2025 Heard Ld. counsel for the petitioner and Ld. APP for the State as well as learned counsel for the O.P. No.2.

2. The petitioner seeks bail, apprehending her arrest, in connection with Patna City Complaint Case No. 579 of 2024, filed for the offences punishable under Sections 323, 355, 420, 504 and 34 of the Indian Penal Code.

3. As per allegation, the complainant gave loan of Rs.7,00,000/- to co-accused Juli Devi and Vijay Shankar Prasad because she was acquainted with them and towards re-payment of the loan, cheque of Rs. 7,00,000/- was issued in favour of the complainant by Juli Kumari. However, same has been dishnoured on presentation to the bank and thereafter, she is not

Patna High Court CR. MISC. No.84570 of 2024(3) dt.22-03-2025 2/3 paying the money despite demand.

4. Ld. counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner is sister of coaccused Juli Kumari and only on account of her being sister of the co-accused Juli Kumari, she has been falsely implicated by making frivolous allegation that she has abused the complainant.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedent.

7. However, Ld. APP for the State and learned counsel for the O.P. No.2 oppose the prayer of the Petitioner for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of her arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on her furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.84570 of 2024(3) dt.22-03-2025 3/3 Ld. Judicial Magistrate Ist Class, Patna City in connection with Patna City Complaint Case No. 579 of 2024, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, Ld. court below shall cancel the bail bonds of the petitioner after hearing her and getting satisfied that the petitioner has concealed her criminal antecedents despite her knowledge of the same. (ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) ravishankar/- U T