Asha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14409 of 2021 Arising Out of PS. Case No.-850 Year-2018 Thana- NAWADA District- Nawada ====================================================== 1.

ASHA DEVI W/O LATE ARJUN PRASAD 2.

Abhishek Kumar Son of Late Arjun Prasad Both Resident of Village - Navin Nagar, P.S. and Distt.- Nawada. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Deo Raj, Adv For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 22-11-2021 Let the defect (s) be removed within two weeks of the complete start of the physical Court.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Petitioner No.1 has been informed that the petitioner No.1-Asha Devi is already dead now. Hence, her prayer for anticipatory bail is infructuous.

Petitioner No.2 is apprehending his arrest in a case registered for the offences punishable under Sections 420 and 406 of the Indian Penal Code and also Section 138 of N.I. Act. Submission is that entire allegation of receiving money is against co-accused-Avinash Kumar. Petitioner No.2Abhishek Kumar is full brother of Avinash Kumar, however, no specific allegation is there of cheating.

Patna High Court CR. MISC. No.14409 of 2021(2) dt.22-11-2021 2/2 Considering the facts aforesaid, let petitioner No.2, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released 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 court below where the case is pending in connection with Nawada Town P.S.Case No.850 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned court below.

(b) Petitioner No.2 shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of petitioner No.2. (c) Petitioner No.2 shall not leave the country without permission of the learned Trial Court.

(Birendra Kumar, J) Nitesh/- U T