The Patna High Court dismissed a bail petition wherein the petitioner sought anticipatory bail for offences under IPC necessitated by false implication and non-denial of retained funds.
Anticipatory bail granted to the petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.75922 of 2018
Arising Out of PS. Case No.-285 Year-2013 Thana- BUDDHACOLONY District- Patna
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Nirmala Ashunta Ekka @ Kumari Niramala Ashunta Ekka D/o of Late Selbanus Ekka of Sahara India Mas Communication, Patna At present resident of Mohalla-Bihari Sao Lane, C/o Raghu Nandan Prasad, P.S. Pirbahore, Distt.-Patna
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Lovekush Kumar, Adv. For the Opposite Party/s : Mr. Satyavarat Verma, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL ORDER
3 14-03-2019
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends her arrest for the offences alleged under Sections 409, 420, 467, 468 and 120(B) Indian Penal Code registered in connection with Budha Colony P.S. Case No. 285/2013.
It is submitted that the petitioner has been falsely implicated and the thrust of accusation is against co-accused Nayer Khursid, who has since admitted that he had received Rs. 2,13,13,843/-, and gave an assurance that he would refund the same. It is further submitted that the petitioner is an unmarried girl working on daily wages, and in any event, an amount of only Rs. 5,25,250/- was deposited into her accounts.
Patna High Court CR. MISC. No.75922 of 2018(3) dt.14-03-2019 2/2
Having regard to nature of the allegations and gravity of offences alleged and the fact that the petitioner has not denied that the amount of Rs. 5,25,250/-deposited into her accounts continues to be retained by her, this court is not inclined to grant the privilege of anticipatory bail to the petitioner. Bail petition stands dismissed.
(Vikash Jain, J)
vinita/- U T
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner in case of alleged offences under sections 409, 420, 467, 468 and 120(B) IPC.
Whether the petitioner’s submission of false implication and the fact that the deposited amount is retained with her justifies granting bail.
1 provisions across 1 enactments
Nirmala Ashunta Ekka
The State Of Bihar
Vikash Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
