Patna High CourtCR. MISC./42530/2017allowed

Arti Pathak v. State Of Bihar And ANR

2017-09-21Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42530 of 2017 Arising Out of PS.Case No. -3549 Year- 2016 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Arti Pathak Wife of Binod Kumar Pathak Resident of Village-Shanti Nagar Colony Rauma Lanka, P.S-Lanka, District-Varanasi(U.P.) .... .... Petitioner/s

Versus

1. The State of Bihar

2. Arvind Kumar Dwivedi, Son of Krishna Kant Dwivedi, resident of Flat No. 303/C 03/C R.K. Villa appointment Mahesh Nagar, Road No.2, P.O.- Keshari Nagar, Ps.-Patliputra, District-Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sarvan Kumar, Advocate For the Opposite Party/s : Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-09-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending her arrest in a case registered for the offences punishable under Sections 420/406 of the Indian Penal Code and Section 138 of the Negotiable Instrument Act.

The petitioner is wife of co-accused Binod Kumar Pathak. Main allegation of cheating in the transaction of sale and purchase of land is against the husband of this petitioner. Considering the aforesaid facts, let the petitioner, above named, in the event of her arrest or surrender

Patna High Court Cr.Misc. No.42530 of 2017 (2) dt.21-09-2017 P2/ before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-X, Patna/successor Court in connection with Complaint Case No. 3549(C) of 2016 , subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T