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Patna High Court/26160/2023bail granted

Anjali Chhapoliya @ Anjali Chhapolia v. The State Of Bihar

2023-07-13Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26160 of 2023 Arising Out of PS. Case No.-192 Year-2022 Thana- KOTWALI District- Patna ====================================================== ANJALI CHHAPOLIYA @ ANJALI CHHAPOLIA wife of Abhay Kumar Chhapoliya @ Ajay Kumar Chhapoliya @ Ajay Kumar Chhapolia R/oPurani Bazar Ramnagar Ps- Ramnagar, Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Patanjali Rishi, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-07-2023 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in a case registered for the offence punishable under Sections 420, 467, 468, 471, 34 of the Indian Penal Code.

It is alleged that the petitioner was deponent of Cr. Misc. No. 46376 of 2021, who is wife of Ajay Kumar of the said petitioner of Cr. Misc had falsely affidavit-ed regarding contents of the case including criminal antecedents of her husband and thereby misled the Hon'ble Court in order to fraudulently obtain anticipatory bail to her husband.

It is submitted on behalf of the petitioner that she as not committed any malfeasance and there is no malfeasance on part of the petitioner since the error had been bona fide omission

Patna High Court CR. MISC. No.26160 of 2023(2) dt.13-07-2023 2/2 and there was no intent to defraud the Hon'ble Court or conceal any material from the Hon'ble Court and the petitioner tenders her sincerest apologies for the inconvenience caused to this Hon'ble Court. Petitioner being lady was not aware of the legal requirement of the Court and she was not made aware of the same. Petitioner has got clean antecedent.

Learned counsel for the State opposes the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged 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 Chief Judicial Magistrate, Patna in connection with Kotwali P.S. Case No.192 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Alok Verma/- U T