Mamta Kumari vs State of Jharkhand

Dhrub Narayan Upadhyay, J.—Heard the learned counsel for the petitioner and the learned counsel for the State. This is an application for grant of anticipatory bail filed by the petitioner in connection with Garhwa PS case No. 440 of 2012 for the offence registered under Sections 420, 467, 468, 471 of the Indian Penal Code.

It reveals that the accused persons have cheated the informant in a planned manner. He was allured that his SIM Card has won rupees twenty five lakhs, but he will have to deposit money in different accounts and only then, he would get the prize amount. Informant being a simple businessman had followed the instructions and deposited the amount in the Account Number given by the accused. It reveals that a sum of Rs. 25,000/- was deposited in the account of the present petitioner and Rs. 50,000/- was deposited in the account of Raj Kumar Mandal who is the husband of the petitioner, who is also an accused in the case.

It is submitted that the petitioner is ready to return the amount received in her account.

Learned counsel for the State has opposed the prayer.

Since husband is also an accused in whose account rupees fifty thousand was deposited, the petitioner is directed to deposit the entire sum of rupees seventy five thousand which was transferred to her account and also to the account of her husband Raj Kumar Mandal though demand draft drawn in favour of the informant and if she submits such demand draft and appears/surrenders before the Court below within a period of four weeks positively from the date of this order, she (petitioner above named) shall be released 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 CJM, Garhwa, in connection with Garhwa PS case No. 440 of 2012 (GR No. 2385 of 2012), subject to the conditions laid down u/s 438(2), Cr.P.C. The demand draft which will be deposited by the petitioner shall be handed over to the informant.