Patna High Court
Deep Shikha Singh vs The State Of Bihar on 5 October, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33901 of 2021
Arising Out of PS. Case No.-36 Year-2020 Thana- BHELDI District- Saran
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Deep Shikha Singh, Female aged about 30 years, Daughter of Rajesh Kumar
@ Rajesh Bhardwaj, Resident of Flat No.606 West Boring Canal Road,
Indraprasth Department Buddha Colony, Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Ansul, Advocate
For the State : Ms. Pushpa Sinha No. 1, APP
For the Informant : Mr. Bhavesh Kumar, Advocate
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 05-10-2021
Heard Mr. Ansul, learned counsel for the petitioner; Ms.
Pushpa Sinha No. 1, learned Additional Public Prosecutor
(hereinafter referred to as the 'APP') for the State and Mr.
Bhavesh Kumar, learned counsel for the informant.
2. The petitioner apprehends arrest in connection with
Bheldi PS Case No. 36 of 2020 dated 07.02.2020, instituted under
Sections 406, 420, 467, 468, 471, 504 and 506/34 of the Indian
Penal Code, 1860.
3. As per the FIR, the petitioner has got into an
agreement with the informant for running a Special Project under
the Pradhan Mantri Kaushal Vikas Yojana at two centres and the
informant was to do the entire work for which the petitioner had
Patna High Court CR. MISC. No.33901 of 2021 dt.05-10-2021
agreed to pay Rs. 5,600/- per person to the informant. It is alleged
that despite having given training to 844 ladies and bill raised,
only part payment had been made by the petitioner and an
outstanding of Rs. 33,26,400/- remained to be paid. The informant
further alleges that when he went to ask for the remaining money,
he was threatened with dire consequences.
4. Learned counsel for the petitioner submitted that
from the plain reading of the FIR, it is apparent that the matter
relates to money dispute. It was submitted that if the informant
had any claim with regard to any amount which according to him
was due from the petitioner to him, the only remedy available was
to approach the civil Court of competent jurisdiction in a money
suit. Further, it was submitted that the informant, only to give
criminal colour to the case has cosmetically alleged that the
petitioner had abused him and had threatened him with dire
consequences, which apparently appears to be false.
5. Learned APP, from the case diary, submitted that five
witnesses have stated that though their Aadhar Card showing
them to have received training had their details, but the
photograph was different, which indicates that the transactions
were sham and there has been fraudulent withdrawal of
Government money.
Patna High Court CR. MISC. No.33901 of 2021 dt.05-10-2021
6. Learned counsel for the informant also reiterated the
submissions of learned APP and added that as per the FIR, there
was a formal agreement between the parties on the basis of which
there was apportionment of the amount which the Government
gave for training every candidate and the petitioner having
received the amount had not paid the due of the informant.
7. Learned counsel for the petitioner, at this juncture,
interjected and submitted that even if it is taken for the sake of
argument, without admitting it, that the Aadhar Card of various
persons bore the photograph of a different person, such copies of
Aadhar Card were not seized by the police from the petitioner's
house but rather were given to them by the informant. It was
submitted that this is not in dispute that the informant himself
admits that he was supposed to do the entire training work for
which the informant is said to have agreed to pay Rs. 5,600/- per
candidate. Thus, learned counsel submitted that this clearly means
that it was the informant who gave training and who had collected
those Aadhar Cards and furthermore, it was he who had actually
raised the bill for those persons and so whatever irregularity in the
actual person who may have received training or a fictitious
person in whose name the bill was raised, was solely the
responsibility of the informant.
Patna High Court CR. MISC. No.33901 of 2021 dt.05-10-2021
8. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties, in view of
a plain reading of the FIR itself, prima facie disclosing a civil
dispute relating to money with cosmetic addition of abuse and
issuance of threat as also the fact that even if the Aadhar Card on
the basis of which claim for money was made coming from the
side of the informant, as has been stated in the FIR itself, the
Court is inclined to allow the prayer for pre-arrest bail .
9. Accordingly, in the event of arrest or surrender before
the Court below within six weeks from today, the petitioner be
released on bail upon furnishing bail bonds of Rs. 25,000/-
(twenty five thousand) with two sureties of the like amount each
to the satisfaction of the learned ACJM 12th Saran at Chapra in
Bheldi PS Case No. 36 of 2020, subject to the conditions laid
down in Section 438(2) of the Code of Criminal Procedure, 1973
and further, (i) that one of the bailors shall be a close relative of
the petitioner and (ii) that the petitioner shall co-operate with the
Court and police/prosecution. Failure to co-operate shall lead to
cancellation of her bail bonds.
10. It shall also be open for the prosecution to bring any
violation of the foregoing conditions by the petitioner, to the
Patna High Court CR. MISC. No.33901 of 2021 dt.05-10-2021
notice of the Court concerned, which shall take immediate action
on the same after giving opportunity of hearing to the petitioner.
11. The petition stands disposed of in the
aforementioned terms.
(Ahsanuddin Amanullah, J.)
P. Kumar
AFR/NAFR
U
T
