Shyama Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10295 of 2020 Arising Out of PS. Case No.-145 Year-2019 Thana- PHULPARAS District- Madhubani ====================================================== SHYAMA KUMARI D/o Ramjiwan Paswan Resident of Village- Mahadai, P.S.- Benipur, District- Darbhanga.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ratanakar Jha For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-03-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State. This application, for grant of anticipatory bail, arises out of Phulparas Police Station Case No. 145 of 2019, disclosing offences under Sections 420 and 379 of the Indian Penal Code.

The allegation as per the First Information Report is that the father of the petitioner, namely, Ramjiwan Paswan, using the debit card of the informant, transferred a sum of Rs.40,000/- in the bank account of his daughter (petitioner). Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and she has falsely been implicated in the present case. He next submits that the father of the petitioner has been granted

Patna High Court CR. MISC. No.10295 of 2020(3) dt.05-03-2021 2/3 privilege of anticipatory bail in Criminal Misc. No. 10401 of 2020, subject to the condition that the father of the petitioner shall deposit a sum of Rs.40,000/- in the Court below before furnishing the bail bond. He further submits that the petitioner may be released on anticipatory bail after verification of the fact that the father of the petitioner has already deposited a sum of Rs. 40,000/- before the learned Court below and has furnished his bail bond.

Having regard to the submissions made by the parties and taking into consideration the materials on record, I am inclined to grant the petitioner privilege of anticipatory bail, subject to the verification by the learned Court below that the father of the petitioner has already deposited a sum of Rs.40,000/- before the learned Court below.

Accordingly, the petitioner, Shyama Kumari, in the event of her arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Additional Chief Judicial Magistrate, Jhanjharpur, in connection with Phulparas Police Station Case No. 145 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure

Patna High Court CR. MISC. No.10295 of 2020(3) dt.05-03-2021 3/3 as well as the further condition imposed hereinabove. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √