Jharkhand High Court
Mrs. Soni Kumari vs The State Of Jharkhand on 27 April, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.594 of 2023
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Mrs. Soni Kumari .... .... .... Petitioner Versus
1. The State of Jharkhand
2. Gunjan Chouhan .... .... ....Opposite Parties
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Coram: HON'BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA
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For the Petitioner : Mr. Kumar Amit, Advocate For the State : Mr. Fahad Allam, A.P.P For the O.P. No.2 : Mr. N.K. Chatterjee, Adv.
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Order No.04 Dated- 27.04.2023 Heard learned counsel for the parties.
Apprehending her arrest in connection with Complaint Case No. 5643 of 2022 instituted under Sections 406, 420 and 34 of the Indian Penal Code, the petitioner has moved this Court for grant of privilege of anticipatory bail.
It is alleged that the complainant is running a salon during that period, petitioner along with others approached the complainant for taking franchise of their brand "Byelen De Louis". On 31.01.2022, an agreement under M.O.U was signed between the parties and the complaint spent Rs.10 lakhs on account of decoration and furniture of salon and also paid Rs.3,71,700/- to the petitioner as franchisee fees but the petitioner failed to provide staff and assistance to run the business of the complainant. The only allegation against the petitioner is that she in connivance with others have cheated huge amount of money of the complainant.
Learned counsel for the petitioner has submitted that petitioner is a woman and she was simply employee of the company but now she has left her job. There is no money transaction has been entered into petitioner and the complainant. Petitioner has no criminal antecedent and she has falsely been implicated in this case. Petitioner undertakes to co-operate with the trial of the case. Hence, the petitioner may be extended the privilege of anticipatory bail.
Learned Addl.P.P appearing for the State assisted with learned counsel for the complainant opposes the prayer for anticipatory bail of the petitioner.
Considering the facts and circumstances of this case, the nature of allegation against petitioner coupled with materials available on record, I am inclined to extend privilege of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court within four weeks from today and in the event of her arrest or surrendering, she will be enlarged on bail on furnishing bail bond of Rs.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned J.M.1st Class, XIIIth, Ranchi in connection with Complaint Case No. 5643 of 2022 and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Pradeep Kumar Srivastava, J.) Pappu/