Disposed

Smti Reena Kumari @ Rina Kumari v. The State of Ap

Gauhati HC28 May 2025BA/52/2025

Case brief

AI extract

What is this about?

Regular bail application under Section 483 BNSS by an accused arrested for allegedly fraudulently collecting Rs. 6,31,800 from the informant towards a non-existent recurring deposit account at Ziro Post Office. Court held further custodial interrogation unwarranted and granted bail with conditions including periodic appearance before the Investigating Officer.

What did the court decide?

Accused released on bail on Rs. 30,000 bond with two local sureties and conditions including fortnightly appearance before the IO.

Smti Reena Kumari @ Rina Kumari Vs The State of Ap — Cheating and Forgery | Gauhati HC (2025)

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GAHC040007152025

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THE GAUHATI HIGH COURT

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(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)

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Case No. : BA/52/2025

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Smti Reena Kumari @ Rina Kumari

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Wife of Late Roushan Kumar, permanent resident of Kashor, Warisnagar, Samastipur District, Bihar 848133

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VERSUS

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The State of AP represented by the PP of AP

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Advocate for the Petitioner : Himanku Baruah, Hage Tai,P Borgohain

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Advocate for the Respondent : P P of AP,

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BEFORE

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HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

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ORDER

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Date : 29.05.2025

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Heard Mr. Himanku Borah, learned counsel for the petitioner. Also heard Mr. D. Loyi, learned Addl. Public Prosecutor appearing for the State and Mr. S. Koyang, learned counsel appearing on behalf of the informant.

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2. The present application has been instituted by the petitioner, under Section 483 of the BNSS, 2023, praying for enlargement of the accused Smti Reena Kumari @ Rina Kumari on bail in connection with Ziro Police Station Case No.

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08/2025, under Sections 318/(4)/316 (5)/3(5) Bharatiya Nyaya Sanhita (BNS), 2023. The said accused was arrested on 22.04.2025.

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3. The materials brought on record goes to reveal that one Shri Subu Buker, as informant, has lodged an FIR on 26.01.2025 before the Officer In-charge, Ziro Police Station, interalia contending therein that the accused in the present proceeding and one Shri Santosh Kumar has fraudulently made daily money collection from him towards deposit in a Recurring Deposit Account at Ziro Post Office. An amount of Rs. 6,31,800/- was so collected, however, it was revealed that no such recurring deposit account was opened in the name of the informant. It was further contended that on making numerous requests for refund of the amount involved, an agreement was executed by the present accused person on 22.12.2024, promising to return the amounts so collected by 25.01.2025; however, on failure to refund the said amounts, the FIR came to be lodged. The materials brought on record further goes to reveal that after executing the said agreement, the accused herein, absconded and had proceeded to Bihar. The police thereafter had arrested the accused from Bihar and brought her to Ziro.

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4. The scanned copy of the Case Diary, as requisitioned, has been produced and the same has been perused by this Court.

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5. In the Bail Application, it was projected on behalf of the accused that she was an agent of the Small Saving Scheme of the Government of India, Ziro Post Office. Further, it was projected that after the birth of her third girl child in the year 2021, she had left Ziro along with her children and permanently settled with her motherin-law at Samastipur, Bihar, wherein, her children are contended to be studying in a public school. The transactions entered into with the informant has been denied by her by contending that the agency in question was being operated by her husband and she had no knowledge about the same. It is contended that after the death of her husband on 17.10.2024, she had come to Ziro on 22.12.2024 to

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collect her husband’s belongings and it was at that time, under pressure, she had to execute the agreement projected in the FIR dated 26.01.2025.

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6. The learned Public Prosecutor appearing for the State respondent has submitted that the petitioner has not been co-operating with the Investigating Officer towards smooth conduct of the investigation in the criminal proceeding instituted against her. Accordingly, he submits that this Court, at this stage, would please not to enlarge the accused on bail. Similar submissions were advanced by Mr. S. Koyang, learned counsel appearing for the informant, who has submitted that in the event, the accused is enlarged on bail, she would abscond and it would be difficult to ensure her presence in the trial of the matter after the police has completed its investigation and submitted the Charge-sheet.

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7. I have heard the learned counsel appearing for the parties and also perused the materials available on record.

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8. Considering the submissions made by the learned counsel appearing for the parties as well as on perusal of the contentions raised by the accused in the Bail Application, this Court is of the considered view that further custodial interrogation of the accused would not be warranted and the accused is entitled to be enlarged on bail considering the period of detention undergone and the nature of allegation leveled against her in the FIR dated 26.01.2025.

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9. Accordingly, it is directed that the accused namely, Smti Reena Kumari @ Rina Kumari shall be released on bail, arrested on 22.04.2025, in connection with Ziro Police Station Case No. 08/2025, under Sections 318/(4)/316 (5)/3(5) Bharatiya Nyaya Sanhita (BNS), 2023, on furnishing a bail bond of Rs. 30,000/(Thirty thousand rupees) with two local sureties, subject to the following conditions: -

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(i) The accused herein shall not leave the jurisdiction of the

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learned Chief Judicial Magistrate, Ziro, without prior permission from the said Court.

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(ii) The petitioner shall appear before the Investigating Officer on 04.06.2025 and thereafter, continue to appear before the Investigating Officer at an interval of 15 days till the investigation of the case is completed. The petitioner shall co-operate with the Investigating Officer for early completion of the investigation of the case.

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(iii) The accused herein shall not make any inducement, threat or promise to any witness, so as to dissuade such witness from making truthful disclosure of the incident involved in the matter.

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(iv) In the event, the accused violates any of the conditions mentioned herein above, it shall be open to the Investigating Officer to move such application before the Trial Court to cancel the privilege of bail so granted to the accused herein, vide this order.

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10. With the above observations and directions, the bail application stands disposed of.

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JUDGE

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Comparing Assistant

Smti Reena Kumari @ Rina Kumari v. The State of Ap

Case brief

What is this about?

What did the court decide?

Smti Reena Kumari @ Rina Kumari v. The State of Ap

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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