Sajida Khatoon v. The State Of Bihar

Patna High Court Cr.Misc. No.39022 of 2014 (2) dt.03-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39022 of 2014 Arising Out of PS.Case No. -49 Year- 2012 Thana -RAGHOPUR District- SUPAUL ======================================================

1. Sajida Khatoon W/o Late Razi Ahmed Resident of Saharsa Basti, Police Station Saharsa, District Saharsa.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satish Kumar Singh For the Opposite Party/s : Mr. Renuka Ratnakar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-04-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends her arrest in connection with Raghopur P.S. Case No. 49 of 2012 registered for the offences punishable under Sections 406, 409 of the Indian Penal Code. Allegedly, during audit it was detected that the franchise, after collecting electricity bills amount, did not deposit the amount Rs. 1,49,302/- and accordingly, this case has been lodged.

Submission is that the husband of this petitioner had gone to Raghopur to deposit the money in the account of Electricity Department and thereafter, her husband has been murdered in the night. The commission bill of the petitioner is still

Patna High Court Cr.Misc. No.39022 of 2014 (2) dt.03-04-2015 due with the Board. The total amount of the commission of the society comes to Rs. 6,04,304/- and further the security deposited is also with the Board but in spite of that the petitioner after death of her husband has been implicated in this case, and as such, she deserves sympathetic consideration to which the learned APP opposes.

In the facts and circumstances stated above, considering that the husband of the petitioner, as alleged, has been murdered and the petitioner is claiming dues against the Board regarding commission of the society, and as such, the petitioner above named, in case of her surrender or arrest within two months from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Birpur, Supaul in connection with Raghopur P.S. Case No. 49 of 2012, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) avin/- U T