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Patna High CourtCR. MISC./49826/2016bail granted

Basanti Devi And ANR v. The State Of Bihar

2017-01-30Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49826 of 2016 Arising Out of PS.Case No. -532 Year- 2015 Thana -KAJI MUHAMMADPUR DistrictMUZAFFARPUR ======================================================

1. Basanti Devi W/o Late Chandrashekhar Srivastwa

2. Sneha Srivastava @ Sneha D/o Late Chandrashekhar Srivastava Both resident of Mohalla- Sherpur Road, Mithanpura Lala, P.S.- Bela, DistrictMuzaffarpur. .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Akhileshwar Pd. Singh, Sr.Advocate with Mr. Sumeet Kumar Singh, Advocate For the Opposite Party/s : Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-01-2017 Heard learned counsel for the petitioners.

The petitioners are apprehending their arrest in connection with Kazi Mohammadpur P.S.Case No. 532 of 2015 registered for the offences punishable under Sections 419, 420, 457, 468, 471, 406, 323, 504 and 120B of the Indian Penal Code. It has been submitted on behalf of the petitioners that the petitioners are ladies and they have no concern with the business of Maahalaya Company. Petitioner No.1 is mother and petitioner No.2 is sister of the Alok Kumar Srivastava against whom, there is allegation but there is no allegation against the petitioners that they have collected money and petitioner No.2 is a student.

Heard learned APP also.

Learned APP has opposed the prayer for anticipatory bail stating that they are named accused but he failed to show that they have any role to play in the Company.

Patna High Court Cr.Misc. No.49826 of 2016 (4) dt.30-01-2017 2/2 Having heard both sides and in view of the facts stated above, let the petitioners, namely, Basanti Devi and Sneha Srivastava @ Sneha, in the event of their arrest or surrender in the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.50,000/- (Rupees fifty thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur, in connection with Kazi Mohammadpur P.S. Case No. 532 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the conditions that the bailors should be local one having sufficient immoveable properties within the jurisdiction of the court concerned and the petitioners will cooperate in the investigation and make themselves available before the police/court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, except showing some genuine ground, their bail bonds shall be liable to be cancelled.

(Vinod Kumar Sinha, J) spal/- U