The Patna High Court granted anticipatory bail to Laxami Devi in a cheating case involving Rs. 5,000. The court directed her release upon arrest or surrender within six weeks on a bond of Rs. 10,000 with two sureties.
Petitioner directed to be released on bail upon arrest or surrender within six weeks on furnishing bond of Rs. 10,000 with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44631 of 2015
Arising Out of PS.Case No. -58 Year- 2015 Thana -DEORIYA District- MUZAFFARPUR ====================================================== Laxami Devi wife of Kiran Paswan resident of Mohalla - Anishabad, P.S. - Gardanibagh, District - Patna .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Bela Singh, Advocate For the Opposite Party/s : Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 14-10-2015 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks pre-arrest bail in connection with Deoriya P. S. Case No. 58 of 2015 registered under Sections 420 and 406 of the Indian Penal Code.
According to the prosecution case, the allegation against the petitioner is that she fraudulently took Rs.5000/- from the informant in order to secure allotment of a house under the Indira Awas Scheme and also old age pension to him. However, she failed to fulfil her promise after taking money from the informant.
Learned counsel for the petitioner submits that the petitioner is a lady and there is no documentary evidence to show that she cheated the informant or any other person in the name of
Patna High Court Cr.Misc. No.44631 of 2015 (2) dt.14-10-2015
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providing Indira Awas and old age pension.
Learned counsel for the State has opposed the application of the petitioner filed under Section 438 of the Code of Criminal Procedure.
Regard being had to the facts and circumstances of the case, in the event of arrest or surrender before the court below within six weeks from today, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Rashmi, Judicial Magistrate, 1st Class, Muzaffarpur in Deoriya P. S. Case No. 58 of 2015 , subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
(Ashwani Kumar Singh, J.)
Kanchan/-
U T
2 issues framed by the court
Whether to grant pre-arrest bail under Section 438 CrPC in a case alleging cheating under Sections 420 and 406 IPC
Whether the petitioner satisfies conditions for release on bail by arresting or surrendering within six weeks
4 provisions across 2 enactments
Laxami Devi
The State of Bihar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
