Richa Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No. 22218 of 2020 ====================================================== Richa Kumari, W/o Nand Kishore Tanti, R/Village-Kagichak, P.S.-Barh, District-Patna.
... ... Petitioner
Versus
The State of Bihar .. ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Rajesh Kumar Sinha, Advocate For the Respondent State:
Mr. Aditya Narain Singh-I, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-08-2020 Heard Mr. Rajesh Kumar Sinha, learned counsel appearing on behalf of the petitioner and Mr. Aditya Narain Singh-I, learned Additional Public Prosecutor, for the State of Bihar.
This application for grant of anticipatory bail arises out of Barh P.S. Case No. 497 of 2018, registered for the offence punishable under Sections 419, 420, 467, 468, 471/34 of the Indian Penal Code.
It is the case of the prosecution that co-accused Nand Kishore Tanti had allured the informant and convinced him to secure his employment in Civil Court on payment of certain amount with the help of the petitioner and another coaccused. The petitioner is wife of said Nand Kishore Tanti. It is his allegation that on the aforesaid assurance of co-accused
Nand Kishore Tanti, the informant had paid to him a sum of Rs. 16 lac for his employment, whereafter the informant was handed over an appointment letter purportedly issued by the Registrar General, Patna High Court, against Class-IV post in Civil Court, Vaishali. The said letter was subsequently found to be forged. Even if the case of the prosecution, as disclosed in the F.I.R., is treated to be correct, the informant had allegedly handed over the money to co-accused Nand Kishore Tanti and Prahlad Kumar. Prahlad Kumar is brother of co-accused Nand Kishore Tanti. The petitioner is wife of Nand Kishore Tanti. On perusal of the F.I.R., there does not appear to be any specific allegation against the petitioner of having received any amount or induced the informant to pay any amount. Evidently, the main allegation is against the petitioner's husband and brother of petitioner's husband.
Considering the said circumstance, this application is allowed.
Let the petitioner above named, in the event of her arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 2nd, Barh, Patna, in Barh P.S. Case No. 497 of 2018, subject to the conditions as laid down
under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present herself before the Police/Court, as the case may be, as and when required and in the event of failure on her part to appear before the Court on two consecutive occasions, her bail bonds shall be liable to be cancelled.
It is indicated that defect, if any, shall be removed within two months.
Since there is a lock down, the Court has considered it appropriate to adopt following procedure for communication of the present order :- (i) The order, which has been dictated during the course of the proceedings of virtual Court, shall be communicated to me on my e-mail I.D. by the Secretary. (ii) The corrected copy of the order shall be transmitted by me from my e-mail I.D. to the Secretary, which shall be treated to be the authentic copy of the order passed by this Court today in the present proceeding.
(iii) Hard copy of the order, duly signed by me, shall be preserved in my residential-office for documentation and future use, if any.
(iv) Let a copy of the order be communicated to the learned Court below through e-mail or any other appropriate
electronic mode by the Registry.
Let steps be taken by the Registry for uploading of the present order without compromising with the norms of social distancing.
(Chakradhari Sharan Singh, J) Pawan/- U T