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Patna High CourtCR. MISC./40396/2017bail granted

Rambha Gupta And ANR v. State Of Bihar And ANR

2017-09-22Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40396 of 2017 Arising Out of PS.Case No. -1101 Year- 2016 Thana -BHABHUA(KAIMUR) COMPLAIN C District- BHABHUA (KAIMUR) ======================================================

1. Rambha Gupta, Wife of Sri Shiv Shankar Gupta, The Directore Baba Vishwanath network Pvt. Ltd. Now known as Swalamban India Pvt. Ltd.

2. Bipin Gupta @ Vineet Kumar @ Bineet Gupta, Son of Sri Shiv Shankar Gupta, Both residents of Village- Barej, Police Station- Mohania, DistrictKaimur (Bhabhua). .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Shanti Devi, Wife of Ram Raj Singh, R/o Village Pahadiya, P.S.- Bhagwanpur, District- Kaimur (Bhabhua).

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

For the Petitioner/s : Mr. Umesh Kumar For the Opposite Party/s : Mr. Sri Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-09-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Complaint Case No. 1101 of 2016 instituted for the offence under Sections-420, 406, 323, 341, 354, 379 of the Indian Penal Code.

It has been submitted that Om Prakash was the main agent of the company and used to collect money on behalf of Sheo Shankar Gupta, who was Chairman of the Company. The said Sheo Shankar Gupta has already been granted anticipatory bail by a coordinate bench of this court vide order dated 19-09-2017 passed in Cr. Misc. No. 45375 of 2017. These petitioners are wife and son of Sheo Shankar Gupta.

Patna High Court Cr.Misc. No.40396 of 2017 (2) dt.22-09-2017 2/2 In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event of their 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 in Complaint Case No. 1101 of 2016 to the satisfaction of learned Additional Chief Judicial Magistrate-V, Kaimur at Bhabua subject to condition as laid down u/S 438(2) of the Cr.P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners 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 petitioners and (3) if petitioners tamper 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 petitioners.

(Sanjay Priya, J) A.K.V./- U T