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Patna High CourtCR. MISC./70511/2018bail granted

Madhu Raj v. The State Of Bihar

2019-02-28Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70511 of 2018 Arising Out of PS. Case No.-547 Year-2017 Thana- KADAMKUAN DistrictPatna ====================================================== Madhu Raj Wife sof Mintu Kumar Resident of Village-Dariyapur, living her Naihar,P.S. Kadamkuan,Distt.-Patna ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Nagendra Kumar, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 28-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest for the offences alleged under Sections 406/420 of the Indian Penal Code registered in connection with Kadamkuan P.S. Case No. 547 of 2017.

3. It is submitted that the petitioner has been falsely implicated and there is no allegation that the petitioner, as agent of Slicon Project India Ltd., did not deposit the amount of Rs. 2,60,000/- received from the informant, with the said Company. As a matter of fact the petitioner herself is victim in similar manner as the informant as she herself had also deposited Rs. 1,00,000/- and Rs. 10,000/- with the said Company, repayment of which has not been made by the Company. On a detailed consideration of the matter, SEBI has passed orders against the said Company and certain directions have been issued in paragraph-16 of the order dated 06.01.2015 (Annexure-2). The petitioner claims clean antecedents.

Patna High Court CR. MISC. No.70511 of 2018(3) dt.28-02-2019 2/2

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from 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 MagistrateVI, Patna, in connection with Kadamkuan P.S. Case No. 547 of 2017, 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 herself 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 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