Savitri Singh @ Savitri Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.30089 of 2017 (3) dt.24-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30089 of 2017 Arising Out of PS.Case No. -69 Year- 2017 Thana -MADANPUR District- AURANGABAD ======================================================

1. Savitri Singh @ Savitri Devi, Wife of Amit Kumar, Resident of Jai Prakash Nagar, Karma Road, P.S. Town Aurangabad, District- Aurangabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Sri Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-07-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Madanpur P.S. Case No. 69 of 2017 instituted for the offence under Sections-406, 420 of the Indian Penal Code.

It has been submitted that the petitioner supplied fuel to the vehicle of the government in the year 2011 on the occasion of Panchayat Election. Total amount due with the government was Rs. 4,85,344/- The government paid the amount of Rs. 4,03961/- and for the remaining amount of Rs. 81383/-, payable to the petitioner, she filed CWJC No. 3051 of 2015 in the Hon'ble Court which was disposed off by this Hon'ble Court with direction to the government authorities to make payment of the admitted dues to the petitioner within eight weeks. In support of his contention, learned counsel for the petitioner has annexed copy of order of this court passed in CWJC No. 3051 of 2015

Patna High Court Cr.Misc. No.30089 of 2017 (3) dt.24-07-2017 as Annexure-4 to this petition.

Counsel for the petitioner has submitted that thereafter, instead of settling the dues, this FIR was filed by the informant, Atul Prasad.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of her arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Madanpur P.S. Case No. 69 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Aurangabad subject to condition as laid down u/S 438(2) of the Cr.P.C.

with further conditions (bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) A.K.V.