Jannatun Khatoon @ Janntun Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31972 of 2019 Arising Out of PS. Case No.-92 Year-2018 Thana- GWALPARA DistrictMadhepura ====================================================== JANNATUN KHATOON @ JANNTUN KHATOON D/o Md. Jakir Hussain Resident of Village - Jhanjhari, P.S.- Gwalpara, Dist.- Madhepura. ... ... Petitioner
Versus
THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Parmeshwar Vishwakarma, Advocate.
For the Opposite Party:
APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 08-08-2019 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, 409, 420, 120(B) of the Indian Penal Code registered in connection with Gwalpara P.S. Case No. 92 of 2018.
3. It is submitted that the petitioner has been falsely implicated and the petitioner is not named in the F.I.R. The F.I.R. has been instituted against two accused persons who are Sub Postmaster and Postman on the accusation that they have misappropriated the amounts of the depositors by depositing into different accounts and withdrawing the same by ATM card. The specific stand has been taken in paragraphs- 8 and 9 of the petition that the account no. 3661155829 existing in her name has not been opened by her and had no knowledge about the said account until she received he letter from the postal department. The petitioner's case stands on better footing than co-accused Niranjan Kumar Kanth @ Niranjan Kanth who has been granted
Patna High Court CR. MISC. No.31972 of 2019(3) dt.08-08-2019 2/2 anticipatory bail by this Court in Cr. Misc. No. 1610 of 2019. The petitioner is a lady and claims clean antecedents.
4. Be that as it may, in the event of the petitioner's arrest or 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 bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Sri Shiv Kumar, learned Judicial Magistrate Ist Class, Udakishunganj, Madhepura in connection with Gwalpara P.S. Case No. 92 of 2018, 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 shall cooperate with the investigation, if not already concluded, and make herself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall be well represented in Court on each and every date during trial except as and when directed by the learned Court to be physically present, 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) Ibrar//- U T