IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40125 of 2008 SMT. KUNTI DEVI Wife of Ganesh Thakur, resident of village – kharika, P.S. – Sonepur, District – Saran at Chapra. --------Petitioner. Versus THE STATE OF BIHAR ---------- Opposite Party. ----------- 2 21.10.2008 Heard learned counsel for the petitioner and learned A.P.P. for the State. Petitioner is in custody since 21.07.2008, in connection with Tr. No. 997/2008 arising out of Complaint Case No. 1207 of 2004 for offence under sections 420 and 406 of the Indian Penal Code. Allegation against the petitioner is that she had defrauded the complainant in execution of certain sale deed of peace and parcel of land. In this background the present case came to be filed against her. Contention of learned counsel for the petitioner is that it is basically a civil dispute which has been given a criminal dimension to put pressure upon the accused. It is further alleged that petitioner is aged lady of about 70 years. Learned counsel appearing for the informant submits that the petitioner is a fugitive from law for almost 4 years and only now she has been arrested by the police after much hard work and therefore she does not deserve mercy. Learned counsel appearing for the petitioner however assures the court that she will abide by all the terms and - 2 - conditions and will cooperate in the trial and shall not abscond any further. Taking the totality of the circumstance therefore, let the petitioner namely Smt. Kunti Devi, be enlarged on bail on furnishing bail bond of sum of Rs. 20,000/- (twenty thousand only) with two sureties of the like amount each to the satisfaction of Judicial Magistrtate, 1st Class, Saran at Chapra in connection with Tr. No. 997 of 2008 arising out of complaint case No. 1207 of 2004. One of the surety would be executed by one Mr. Santosh Thakur alleged to be the nephew of the petitioner. Petitioner is further directed to either appear in person or through counsel on the dates which may be fixed by the trial court on day to day basis, any misuse of privilege will be detrimental to her interest. Rajeev/ (Ajay Kumar Tripathi, J.)