Shanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83470 of 2019 Arising Out of PS. Case No.-148 Year-2018 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== SHANTI DEVI Wife of Chandeshwar Roy Resident of Village - Madudabad, P.S.- Mohiuddinnagar, District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indrajesh Kumar For the Opposite Party/s :

Mrs.(Dr.) Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 29-06-2020 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Mohiudinnagar P.S. Case No. 148 of 2018, disclosing the offence under Sections 323, 341, 420, 504, 506, 34 of the Indian Penal Code.

It is alleged in the FIR that two co-accused persons, namely, Bhushan Rai and Ramadhar Rai had approached the informant with assurance that his marriage would be solemnised with a girl for which he would have to pay a sum of Rs. 63,000=00. Allegedly, as assured by the two, the informant deposited the said amount of Rs. 63,000=00 with the petitioner, she being wife of the elder brother of the informant. The allegation is that the said co-accused persons could not

Patna High Court CR. MISC. No.83470 of 2019(4) dt.29-06-2020 2/2 materialize marriage of the informant and this petitioner refused to return the amount of Rs. 63,000=00 which she had taken. Leaned counsel appearing on behalf of the petitioner has submitted that the petitioner has been falsely implicated in this case.

Be that as it may, considering the nature of accusation, this application is allowed. Let the petitioner, abovenamed, in the event of his arrest/surrender within six weeks from today in the court below, 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 learned S.D.J.M., Samastipur in Mohiudinnagar P.S. Case No. 148 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present herself before the Police/ Court, as the case may be, as and when required and in the event of failure on her part to appear before the court on two consecutive occasions, her bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Rajesh/- U T