Beena Agarwal @ Beena Agrawal v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58956 of 2018 Arising Out of PS. Case No.-2684 Year-2016 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Beena Agarwal @ Beena Agrawal, W/o Anil Kumar Agrawal, R/o New Dak Bunglow Road, Near Aparna Apartment, P.S. Gandhi Maidan, District Patna. ... ... Petitioner

Versus

1. The State of Bihar.

2. Arun Kumar Agrwal, S/o Lt. Ram Awatar Agrawal, Presently residing at 503, Ashok Raheja Township, Malad (East), P.S. Malad, Mumbai. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Rana Vikram Singh For the Opposite Party/s :

Mr. Sri Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 06-10-2018 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Complaint Case No. 2684 (C) of 2016, registered for the offence punishable under Sections 409, 420, 467, 468, 471 and 120(B) of the Indian Penal Code. As per the allegation, the petitioner and the complainant have constituted a firm, they are running three shops and later on, when the complainant was admitted in the hospital, by using the forged signature the partnership was

Patna High Court Cr.Misc. No.58956 of 2018(2) dt.06-10-2018 2/3 liquidated and again reconstituted the same and included the name of the present petitioner. Allegation has been made that by fraudulent act the huge money of the complainant has been swindled away.

Learned counsel for the petitioner submits that the mainly the allegation has been made against Anil Kumar Agrawal, who is the husband of the petitioner. Learned counsel for the complainant submits that as there is allegation under Section 120(B) of the Indian Penal Code, this Court may not granted anticipatory bail to the petitioner. However, on perusal of the complaint, it appears that mainly the allegation has been made against the husband of the petitioner.

Looking to the aforesaid facts, let the petitioner, namely, Beena Agarwal @ Beena Agrawal, be released on anticipatory bail in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Sub-Judge-XII-cum-A.C.J.M., Patna, in connection with Complaint Case No. 2684 (C) of 2016, subject to the condition as laid down under Section 438(2) of the Code

Patna High Court Cr.Misc. No.58956 of 2018(2) dt.06-10-2018 3/3 of Criminal Procedure. This is also subject to the condition that the petitioner would deposit her passport, if any, in the Court below and will leave the country only after the permission of this Court.

(Shivaji Pandey, J) pawan/- U T