Talat Praveen v. The State Of Bihar

Patna High Court Cr.Misc. No.40134 of 2016 (4) dt.23-11-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40134 of 2016 Arising Out of PS.Case No. -304 Year- 2015 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Talat Praveen Wife of Sabir Khan, Resident of Village- Natwar Semaria, Police Station- Revelganj, District- Saran at Chapra, State- Bihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satya Prakash For the Opposite Party/s Mr. Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 23.11.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner apprehends her arrest in connection with a case registered under sections 420, 406, 467, 468, 471 and 120B of the Indian Penal Code.

Petitioner is said to be managing director of a company which had allegedly wound up its office before taking huge deposit from the customers and when after maturity of the deposit, customers including complainants demanded their money, petitioner and other officials of the concerned company refused to make any payment.

Learned counsel for the petitioner points out that for the same occurrence, one case i.e. Kesariya P.S. Case no. 83/2014 was registered on 18.5.2014 and first complainant of the present case was witness in the aforesaid case and it is

Patna High Court Cr.Misc. No.40134 of 2016 (4) dt.23-11-2016 further submitted that the petitioner has already been admitted to anticipatory bail by a coordinate bench of this court in Kesariya P.S. Case no. 83/2014 vide order dated 27.01.2016 passed in Cr. Misc. no.47060/2015 and, therefore, institution of the present case is nothing but only double jeopardy. Considering the aforesaid facts and circumstances as well as submissions of the parties, in the event of arrest/ surrender within six weeks from the date of receipt of this order to the concerned court, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate XI, East Champaran at Motihari in Kesariya P.S. Case no. 304/2015 subject to condition as laid down under section 438(2) of the Cr.P.C.

shahid (Hemant Kumar Srivastava,J) U T