Miss Ifat Rusukh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53142 of 2017 Arising Out of PS.Case No. -234 Year- 2017 Thana -AGAMKUAN District- PATNA ====================================================== Miss Ifat Rusukh daughter of Md. Usman, resident of House no. 117, Mohalla-Nawadih Aurangabad, PS-Aurangabad (T), District-Aurangabad, at present residing at 302A, Kedar Kunj Apartment, New Patliputra Colony, PS-Patliputra, District-Patna.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhanu Pratap Singh, Adv. For the Opposite Party/s : Mr. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends arrest in connection with Agamkuan Police Station Case No. 234 of 2017 registered for the offences under sections 406 and 420 of the Indian Penal Code. The informant of this case is Manager of a private Company namely, M/s Ceasefire Industries Private Limited. He has lodged an FIR against the petitioner, who was admittedly an employee since July, 2015. Her salary for the month of December 2016 was withheld by the Company and she was terminated on 06.01.2017 without prior information. On subsequent date, it revealed that an amount of Rs.60,458 /- has been withheld by the petitioner which was tendered by one of the customer of the Company. The learned counsel for the petitioner submits that there is

Patna High Court Cr.Misc. No.53142 of 2017 (2) dt.09-11-2017 2/2 delay of five months in lodging the FIR. There is no antecedent against the petitioner. The amount, which allegedly was tendered by the customer of the Company, came in her account subsequent to her termination and she had requested the Company to adjust her salary for the month of December, 2016 and other emoluments in the said amount and a notice to this effect was also given by the petitioner to the Company. The dispute between the parties appears to be dispute relating to her termination and payment of salary.

Considering the facts and circumstances of the case, the prayer of anticipatory bail is allowed and the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Patna City (Patna) in connection with Agamkuan Police Station Case No. 234 of 2017, subject to the condition as laid down under Section 438 (2) of the Criminal Procedure Code.

(Sanjay Kumar, J) Mahesh/- U T