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Patna High CourtCR. MISC./8811/2020bail granted

Priyanka @ Kumari Priyanka v. The State Of Bihar

2020-02-29Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8811 of 2020 Arising Out of PS. Case No.-46 Year-2018 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== PRIYANKA @ KUMARI PRIYANKA D/O - Damrupati Lal Resident of Ramdayalu Nagar Road No.-7, Kamani Tola, P.S.- Kazimohammadpur, District- Muzaffarpur ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Manohar Kumar Son of Narayan Ambast At present resident of Bharat Baigan Colony, Maripur, P.S.- Kazimohammadpur, District- Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-02-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Kazi Mohammadpur PS case no. 46 of 2018 registered for the offences punishable under Sections 406, 420/34 of Indian Penal Code and 138 of N.I. Act.

The allegation is regarding the mother of the petitioner namely Rita Shrivastava, who is also an accused in the present case, having taken a loan of Rs. 8 lacs from the complainant and subsequently, the said Rita Shrivastava is stated to have given a cheque of Rs. 8 lacs to the complainant by way of returning the said amount of loan, however the said cheque has been dishonoured. The learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.8811 of 2020(2) dt.29-02-2020 2/2 that the petitioner is the daughter of the co-accused person namely Rita Shrivastava who had given the cheque in question which has been dishonoured, hence if at all, anybody has complicity in the matter, it is the co-accused person namely Rita Shrivastava and not the petitioner herein. The petitioner is stated to be having a clean antecedent.

Having regard to the facts and circumstances of the case and considering submissions made by the learned counsel for the petitioner, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail. Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-1st-cum-Sub Judge 1st (East), Muzaffarpur in connection with Kazi Mohammadpur PS case no. 46 of 2018 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) rinkee/- U T