S.S. Saron, J.

1. Heard learned counsel for the parties.

2. The petitioner seeks regular bail in a case registered against her for the offences under Sections 406, 420 and 120-B IPC.

3. The FIR in the case has been registered on the complaint of Sunil Kumar, who has alleged that he has been cheated by Anurag Sharma alias Anurag Saikia and Mukta wife of Anurag Saikia and brother-in-law Baldev Singh Chouhan. The complainant had made up his mind to send his son Raman Sharma abroad, who has passed 10+2 but was unemployed. He read an advertisement in the Punjab Kesari of Anurag Overseas Education Consultant Private Limited relating to sending persons abroad. The complainant contacted Anurag Sharma alias Anurag Saikia and informed about the particulars of his son and sought information for sending him abroad. Anurag Saikia informed that for sending his son Raman to New Zealand, an expenditure of 12 Lacs would be incurred. He also informed that for going to New Zealand, it is necessary to pass IELTS, but he has good links in New Zealand and would arrange to send his son there without passing IELTS. The complainant after discussing with his family agreed to pay 1,29,600/- at the beginning for preparation of documents. In April 2010, the complainant arranged money and called Anurag Saikia who came to collect it. On 3.6.2010, Anurag Sharma alias Anurag Saikia and his wife Mukta and brother-in-law Baldev Singh Chouhan came to Rajpura. The complainant took them to Eagle Motel and offered them lunch and paid 1,29,600/- in the presence of Santosh Chawla and his son Raman Sharma. The petitioner, her husband Anurag Sharma alias Anurag Saikia and his brother-in-law Baldev Singh Chouhan were also present. Baldev Singh Chouhan counted the amount and the petitioner put the same in her purse for which they gave a receipt. However, Raman has not been sent abroad and neither the amount has been returned.

4. The husband of the petitioner, namely, Anurag Saikia is running a partnership firm by the name and style Anurag Overseas Education Consultant Private Limited along with Baldev Singh Chouhan. A copy of the partnership deed dated 13.4.2009 (Annexure-P.1) has been placed on record. The petitioner is not a partner of the firm. It is submitted by learned counsel for the petitioner that the petitioner is a young lady aged 23 years and she is in custody since 15.12.2010. The investigation in the case has already been completed. Daughter of the petitioner Prakriti Saikia is aged 1= years and since both husband and wife are in custody, there is no one to look after her.

5. Learned counsel for the State and the complainant have opposed the application. It is stated that the money was counted by the petitioner and was kept in her purse. The money has not been returned till date.

6. After giving my thoughtful consideration to the matter, it may be noticed that the prosecution is to establish and prove its case by leading evidence. The petitioner is a young lady aged 23 years. She is in custody since 15.12.2010. Her further incarceration is not necessary as investigation in the case is already complete. The charge-report (challan) has been filed. The petitioner is not shown to be a partner of the firm M/s. Anurag Overseas Education Consultant Private Limited as per the partnership deed dated 13.4.2009 (Annexure-P.1). The husband of the petitioner Anurag Saikia alias Anurag Sharma is in custody.

7. In the facts and circumstances, the petitioner on her furnishing personal bond and surety to the satisfaction of the learned trial Magistrate shall be admitted to bail.

8. The criminal miscellaneous petition stands disposed of.