Pratima Devi @ Pritama Devi @ Pratima Kumari v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38588 of 2016 Arising Out of PS.Case No. -1564 Year- 2013 Thana -NALANDA COMPLAINT CASE DistrictNALANDA (BIHARSHARIFF) ====================================================== Pratima Devi @ Pritama Devi @ Pratima Kumari, Wife of Rajkumar Mahton, Resident of Village- Mahadeo Bigha, P.S. Noorsarai, DistrictNalanda. .... .... Petitioner
Versus
1. The State of Bihar.
2. Kamlesh Prasad S/o Jagdish Mahto, Resident of Basanpur, P.S.- Rahui, District- Nalanda.
.... .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Samir Kumar Sinha, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-09-2016 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends her arrest for the offences alleged under Sections 406 and 420 read with Section 34 of the Indian Penal Code registered in connection with Complaint Case No. 1564 (C) of 2013.
3. It is submitted that the petitioner has been falsely implicated in a complaint which was filed after inordinate delay on 26.10.2013 for the alleged occurrence of 24.03.2012. Petitioner is only said to have introduced the complainant with Babu Lal Prasad to whom money was advanced by the complainant. The said Babu Lal Prasad @ Babu Chand Prasad had been granted anticipatory bail by this Court in Cr. Misc. No. 8183 of 2015.
4. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's arrest or
Patna High Court Cr.Misc. No.38588 of 2016 (2) dt.20-09-2016 2/2 surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Sri Swarn Prabhat, learned Judicial Magistrate, Ist Class, Nalanda at Biharsharif in connection with Complaint Case No. 1564(C) of 2013, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.
(iii) That the petitioner will be well represented in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, her bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) B.T/Ibrar U T