Kaushal Kishore Singh @ Kaushal Kumar Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37278 of 2018 Arising Out of PS. Case No.-211 Year-2017 Thana- SAHPUR District- Patna ======================================================

1. Kaushal Kishore Singh @ Kaushal Kumar Singh, S/o Late Nag Narayan Singh

2. Munako Devi @ Munakiya Devi, W/o Late Nag Narayan Singh, Both Residents of Vill.- Madhopur, P.S.- Shahpur, DistrictPatna. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Surendra Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar -1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 04-07-2018 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Shahpur P.S. Case No.211 of 2017, registered for the offence punishable under Section 420/34 of the Indian Penal Code.

Allegation has been made against the petitioners that they were taking old age pension from two places. Considering the entire facts and circumstances of the case and also considering the fact that petitioner no.2 has no criminal antecedent, let the petitioner no.2, namely, Munako Devi @ Minakiya Devi, be released on anticipatory bail in the event of her arrest or surrender before the learned Court below

Patna High Court Cr.Misc. No.37278 of 2018(2) dt.04-07-2018 2/2 within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the A.C.J.M.-I, Danapur, in connection with Shahpur P.S. Case No.211 of 2017, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. Further condition is that whenever the police will call the petitioner no.2 for the purposes of investigation and interrogation, she will remain present for the investigation. In the event of being absent on two consecutive dates without reasonable explanation, the present order will be treated to have been cancelled. So far the bail of petitioner no. 1 is concerned, the same is rejected as he has criminal history.

However, if the petitioner no. 1 surrenders before the Court below within four weeks from today and prays for regular bail, the Court below will consider the same and pass appropriate order on the same day without being influenced by the order of this Court.