Bharti Srivastava @ Bharti Devi v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21660 of 2015 Arising Out of PS.Case No. -1881 Year- 2012 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Bharti Srivastava @ Bharti Devi Wife of Santosh Kumar, Resident of Chapra Colony Machhali Gali, Jakkanpur, P.S. Jahkkanpur, District Patna .... .... Petitioner

Versus

1. The State of Bihar

2. Rajniti Prasad, Advocate, Ex. M.P (Rajya Sabha) Son of Late Govind Prasad, Resident of Sudhi Tola Gandhi Chowk, P.S. Pirbahore District Patna.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Devi Das Srivastava, Advocate.

For the Opposite Parties : Mr. S.N.Shukla (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-07-2015 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No. 1881 (C) of 2012, registered for the offences punishable under Section 420 and other Sections of the Indian Penal Code. The complainant is former member of Rajya Sabha. The complainant alleged that the petitioner worked with him from 2006 to 2008 and she was removed from her service from the month of September, 2008. It is alleged that the petitioner committed theft of some cheques and valuable papers. The complainant could not know about the theft.

It is submitted that the complainant case itself is filed after more than four years of the occurrence. There is no

Patna High Court Cr.Misc. No.21660 of 2015 (2) dt.08-07-2015 2/2 documentary evidence to show that the petitioner withdrew any amount from the account of the complainant. The complainant has already compromised the case and the compromise petition is Annexure 3 and 4. The bank officials also found no discrepancy in the signature of the complainant.

Considering the facts aforesaid and the fact that the petitioner is a lady, she above named, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Patna in Complaint Case No. 1881 (C) of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.) KKSINHA/- U T