Chando Devi @ Mostt. Chando Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23927 of 2019 Arising Out of PS. Case No.-201 Year-2018 Thana- FATEHPUR DistrictGaya ====================================================== CHANDO DEVI @ MOSTT. CHANDO DEVI, aged about 46 years, female Wife of Bali Bhuiyan, Resident of Village - Katiaundh (Vijaynagar), P.S.- Fatehpur, Ditt.- Gaya.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Dhananjaya Nath Tiwari, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest for the offences alleged under Section 7 of the E.C. Act and Sections 406 and 420/34 of the Indian Penal Code registered in connection with Fatehpur P.S. Case No. 201 of 2018.

3. It is submitted that the petitioner has been falsely implicated on mere suspicion and as a matter of fact no discrepancy was found in the books of account, upon verification which were up to date. The petitioner is a PDS shop dealer since more than 25 years and this is the first such allegation. Pursuant to the institution of the present case, the license of the petitioner has been cancelled by the S.D.O. Sadar, Gaya vide order dated 26.12.2018. The petitioner is a lady who 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

Patna High Court CR. MISC. No.23927 of 2019(2) dt.17-04-2019 2/2 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 to the satisfaction of learned Additional Chief Judicial MagistrateXth, Gaya in connection with Fatehpur P.S. Case No. 201 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 except as and when directed by the learned Court to be physically present, 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