The Patna High Court granted bail to the petitioner, a woman accused of criminal breach of trust and cheating, directing her to furnish a bond with sureties and submit to physical attendance.
Bail granted on execution of a bond of Rs. 20,000 with two sureties of like amount.
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.48495 of 2022
Arising Out of PS. Case No.-117 Year-2018 Thana- SACHIVALAYA District- Patna
====================================================== KUMARI KANCHAN SINHA Wife of Sri Madan Kumar @ Madan Paswan Resident of Ambedkar Ngar (Chouk), Chitkohra, P.S- Gardanibagh, Distpatna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Lala Sheshendra Narayan Rais For the Opposite Party/s : Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
3 13-12-2022
Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 420 and 379 of the Indian Penal Code.
As per the prosecution case, after the death of the husband of the informant, Rs. 10 to 12 lakhs were transferred to the account of the informant as compensation but when the informant got her passbook updated, she found that Rs. 10 lakhs have fraudulently been withdrawn from her account.
Patna High Court CR. MISC. No.48495 of 2022(3) dt.13-12-2022 2/3
Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. Petitioner is not named in the F.I.R., The name of the petitioner has sprung up in the confessional statement of the co-accused. Learned counsel for the petitioner has further submitted that the petitioner is a housewife and she has no knowledge of electronics. Learned counsel has further submitted that the mobile number and PayTM account of the petitioner has been used by the co-accused person in conspiracy. The co-accused Priyanshu Priyadarshi has already been granted bail by the coordinate bench vide order dated 10.12.2018 passed in Cr. Misc. 70968 of 2018. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated at para 3 of the bail petition. The petitioner is in custody since 15.05.2022.
Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
Considering the aforesaid facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Patna, in connection with Sachivalaya
Patna High Court CR. MISC. No.48495 of 2022(3) dt.13-12-2022 3/3
P.S. Case No. 117 of 2018, with a condition:-
present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
The application stands allowed.
(Chandra Prakash Singh, J)
niku/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in a case alleging cheating and criminal breach of trust involving financial fraud.
1 provisions across 1 enactments
Kumari Kanchan Sinha
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
