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Patna High CourtCR. MISC./59211/2017bail granted

Mrs. Mamta Srivastawa v. The State Of Bihar

2018-03-13Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59211 of 2017 Arising Out of PS. Case No.-11 Year-2015 Thana- BELA INDUSTRIAL DistrictMuzaffarpur ====================================================== Mrs. Mamta Srivastawa, Wife of Alok Kumar Srivastava, Resident of Mohalla- Sherpur Road Mithanpura Lala, P.S.- Bela, District- Muzaffarpur. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Sanjay Kumar Sharma, S/o Sri Kedar Sharma, Resident of Satsang Gali Amgola, P.S. Kaji Mohamadpur, District-Muffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Virendra Kumar For the Opposite Party/s :

Mr. SRI VINOD SHANKAR MODI ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-03-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Bela P.S. Case No. 11 of 2015 registered for the offence punishable under Sections 419, 420, 406, 467, 468, 471, 341, 323, 504/34 and 120B of the Indian Penal Code. The case of the prosecution is that the husband of the petitioner was running a non Banking company and the informant of the present case had deposited a sum of Rs. 9 lakhs, maturity value whereof comes to a sum of Rs. 13 lakhs approximately and after maturity, the husband of the petitioner and his company had refused to refund the said amount.

Patna High Court Cr.Misc. No.59211 of 2017(4) dt.13-03-2018 2/2 The learned counsel for the petitioner submits that the allegation whatsoever is against the husband of the petitioner and the husband of the petitioner in the present case has already been directed to be released on provisional regular bail subject to certain conditions by an order dated 21.02.2018 passed in Criminal Miscellaneous No. 12547 of 2017.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner above named, in the event of her arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XII, Muzaffarpur in connection with Bela P.S. Case No. 11 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) ajay gupta/- U T