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Patna High Court - Orders

Rita Devi vs The State Of Bihar on 18 September, 2024

Author: Prabhat Kumar Singh

Bench: Prabhat Kumar Singh

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.44248 of 2024
                   Arising Out of PS. Case No.-243 Year-2017 Thana- GANDHIMAIDAN District- Patna
                 ======================================================
                 Rita Devi Wife of Shambhu Prasad Singh Resident of village- Ward no- 10
                 laukaria, East Champaran, Bihar

                                                                                ... ... Petitioner/s
                                                     Versus
          1.     The State of Bihar
          2.     Mr. Suman Mukharjee, Asst. Manager- Legal & Anti-Fraud Dept. Shriram
                 Life Insurance Co. Ltd., 203, 2nd Floor, Luv-Kush Tower, Exhibition Road,
                 P.S.- Gandhi Maidan, District- Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :      Mr. Bishwajeet Kumar, Advocate
                 For the State           :      Mr. Ram Bilash Roy Raman, APP
                 For Opposite Party No.2 :      Mr. Ranjan Kumar Sharma, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

5   18-09-2024

Heard learned counsels for the parties.

2. The petitioner apprehends her arrest in a case registered for the offence punishable under Sections 406, 420, 467, 468, 471 and 120B of the Indian Penal Code.

3. As per prosecution case, this petitioner is alleged to have attempted to obtain death claim insurance benefits of her husband on the basis of forged and fabricated certificates.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this case. It is further submitted that without proper verification, the certificates submitted by this petitioner have been declared to be forged and fabricated. Moreover, Patna High Court CR. MISC. No.44248 of 2024(5) dt.18-09-2024 2/2 petitioner has not received a single farthing as death claim insurance benefits of her husband. Petitioner is a lady and claims clean antecedents.

5. Learned A.P.P. for the State and learned counsel appearing on behalf of Opposite Party No. 2 have vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the aforesaid facts and circumstances, nature of accusation and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-cum-Sub-Judge-VI, Patna, in connection with Gandhi Maidan (Dist.- Patna) P.S. Case No. 243 of 2017, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashank/-

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