Gita Devi Vs The State of Bihar — Cheating and Forgery | Patna HC (2024)

Gita Devi Vs The State of Bihar — Cheating and Forgery | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioners to surrender in the Court below within four weeks; on arrest or surrender in connection with Forbesganj P.S. Case no. 177 of 2023, to be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Araria, subject to conditions under section 438(2) Cr.P.C.

Issue for consideration

Whether the petitioners, apprehending arrest in connection with Forbesganj P.S. Case no. 177 of 2023 (offences under Sections 406 and 420 IPC), should be enlarged on anticipatory bail.

Court's answer

After hearing learned counsel for the parties and considering the facts and circumstances (including the counsel-reported amicable settlement and absence of criminal antecedents), this Court decided to enlarge the petitioners on bail (grant of anticipatory bail).

Ratio / Principle

Terms of the bail direction: the petitioners must surrender in the Court below within four weeks, and on arrest or surrender in connection with Forbesganj P.S. Case no. 177 of 2023 they will be enlarged on bail on furnishing a bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Araria, subject to the conditions laid down under section 438(2) of the Cr.P.C.

Detailed headnote1 paragraphs

Anticipatory bail granted — Patna High Court Cr.Misc. No.21468 of 2024 (decided 19-07-2024, Justice Sunil Kumar Panwar, J). Application arose out of Forbesganj P.S. Case No.-177 Year-2023, District Araria, instituted for offences under Sections 406 and 420 IPC, with the allegation that the petitioners took huge money from the informant fraudulently on the pretext of providing employment. Counsel submitted that the parties had settled the dispute amicably (compromise petition annexed as Annexure-2) and that the petitioners had no criminal antecedent. Having heard both sides, the Court directed the petitioners to surrender in the Court below within four weeks and ordered that, on arrest or surrender in that case, they be enlarged on bail on furnishing a bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Araria, subject to the conditions laid down under section 438(2) of the Cr.P.C.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21468 of 2024

Arising Out of PS. Case No.-177 Year-2023 Thana- FORBESGANJ District- Araria

======================================================

Gita Devi Wife of Pappu Kumar Paswan Resident of Garai Sarai, Police Station- Hazipur Sadar, District- Vaishali

Pappu Kumar Paswan @ Pappu Kumar Son of Ganesh Paswan R/o Garai Sarai, P.S.- Hazipur Sadar, Dist.- Vaishali

Ganesh Paswan Son of Bhawani Paswan R/o Garai Sarai, Police StationHazipur Sadar, District- Vaishali

... ... Petitioner/s

Versus

The State of Bihar Patna

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Arun Kumar Mandal For the Opposite Party/s : Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER

4 19-07-2024 Heard learned counsel for the petitioners and learned

APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Forbesganj P.S. Case no. 177 of 2023 instituted for the offence under Sections 406 and 420 of the Indian Penal Code.

Allegation against the petitioners is that they took huge money from the informant in a fraudulent manner on the pretext of providing employment.

Learned counsel appearing on behalf of the petitioners have submitted that petitioners are innocent and have committed

Patna High Court CR. MISC. No.21468 of 2024(4) dt.19-07-2024 2/2

no offence. It is submitted from para-6 of this petition that both parties have settled their dispute amicably and now there is no dispute between them. In support of this, compromise petition has been annexed in this petition on Annexure-2. A statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Forbesganj P.S. Case no. 177 of 2023, they will be enlarged 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 learned Chief Judicial Magistrate, Araria subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J)

Shubham/-

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