Rita Srivastava v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3641 of 2018 Arising Out of PS.Case No. -657 Year- 2014 Thana -MUZFFARPUR COMPLAINT CASE DistrictMUZAFFARPUR ======================================================

1. Rita Srivastava Wife of Purooshottam Sahay, Resident of MohallaHanumant Nagar, Gandak Colony, Balu Ghat, New Ward No.-15, P.S.- Town, District-Muzaffarpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. Santosh Kumar Son of Late Jagarnath Prasad, Resident of MohallahSikandarpur near F.C.I. Godawn, P.S.-Town, District-Muzaffarpur .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar For the Opposite Party/s : Mr. Sri Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-02-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Complaint Case No.657 of 2014, registered for offences punishable under Sections 323, 504 and 420 of the Indian Penal Code.

Allegation against the petitioner is that the petitioner and her husband executed a deed of agreement with the complaint and took Rs.05,1000/- as advance and later on refused to execute the deed.

Submission of the learned counsel for the petitioner is that she is a lady and the agreement has been executed by her husband

Patna High Court Cr.Misc. No.3641 of 2018 (2) dt.01-02-2018 2/2 and by the petitioner.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances mainly on the ground that the petitioner is a lady, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of Oder, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Muzaffarpur in connection with Complaint Case No.657 of 2014, Tr. No.1293 of 2017, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make herself available as and when required by the police, otherwise, the prosecution is free to move for cancellation of her bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T