Patna High CourtCR. MISC./38675/2017bail granted

Dolly Kumari v. The State Of Bihar

2017-08-23Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38675 of 2017 Arising Out of PS.Case No. -38 Year- 2017 Thana -HULASGANJ District- JEHANABAD ====================================================== Dolly Kumari, D/o of Digvijay Paswan, Resident of Village-Dumary P.S. Hulasganj District-Jehanabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar, Advocate For the Opposite Party/s : Mr. Parmanand Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-08-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends her arrest in Hulasganj P.S. Case No. 38 of 2017 instituted for the offence under Sections 409 and 420 of the Indian Penal Code.

It is alleged against this petitioner that she received an amount of Rs.5,000/- under Mukhya Mantri Kanya Vivah Yojana two times by filing applications on 12.2.2013 and 10.9.2013 respectively.

The counsel for the petitioner has submitted that the excess amount received by the petitioner has already been returned along with interest vide Annexure-2. Annexure-2 is the receipt showing payment of Rs.6,725/- received by Nazir of Hulasganj Block.

Patna High Court Cr.Misc. No.38675 of 2017 (2) dt.23-08-2017 2/2 Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Hulasganj P.S. Case No. 38 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Jehanabad, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

with further conditions (1) 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) S.