Archana Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9817 of 2019 Arising Out of PS. Case No.-234 Year-2018 Thana- BRAHMPURA DistrictMuzaffarpur ====================================================== Archana Kumari aged-37 years, female, W/o- Sri Mithilesh Prasad R/oVillage- Hasanpur Jitwarpur, P.S.- Mufassil Samastipur, DistrictSamastipur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Shashank Shekhar, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 19-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest for the offences alleged under Sections 420, 406, 467, 468, 323, 504, 120B of the Indian Penal Code registered in connection with Brahampura P.S. Case No. 234 of 2018.

3. It is submitted that the petitioner has been falsely implicated and even in the averments in the F.I.R. it is apparent that the dispute between the parties relating to profits of partnership business is purely of civil nature. In any event the petitioner is merely said to have signed the partnership agreement as witness. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each

Patna High Court Cr.Misc. No.9817 of 2019(2) dt.19-02-2019 2/2 to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Brahampura P.S. Case No. 234 of 2018, subject to the conditions as laid down under Section 438

(2) Cr.P.C., and also subject to the following further conditions: (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make herslef available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall be well represented in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, her bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T