Pushpa Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18154 of 2020 Arising Out of PS. Case No.-436 Year-2019 Thana- MALSALAMI District- Patna ====================================================== PUSHPA DEVI W/o Gopal Prasad @ Rajni Kant Resident of Nand Gola, Barisangat, P.S.- Malsalami, Distt- Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-08-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending her arrest in a case registered under Sections 406, 420, 467, 468/34 of the Indian Penal Code. Allegedly, the husband of the petitioner fraudulently obtained loan of Rs. 7 lakhs in the name of informant from the bank. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. The husband of the petitioner had taken a loan of Rs. Seven lakhs. The petitioner, being

Patna High Court CR. MISC. No.18154 of 2020(2) dt.07-08-2020 2/2 his wife, has been made accused in the present case. She is a lady. From perusal of Annexure-2, it appears that the amount has already been returned by husband of the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail on her personal bond to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Patna City in connection with Malsalami P.S. Case No. 436 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T