Malti Sinha v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.66019 of 2018 Arising Out of PS. Case No.-727 Year-2015 Thana- PHULWARISHARIF District- Patna ====================================================== Malti Sinha, Wife of Jitendra Kumar Sinha, Resident of Mohalla: Brahmpur House (D.M. Kothi), Near Police Colony Park, Police Colony, P.S. Anishabad, District- Patna.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Mahesh Sharma S/o Raghubir Sharma, House No. A/H-04, Manika Apartment, Ambedkar Path, Khajpura Patna-4, Managing Director, Vaishali Patliputra Dugdh Utpadak Sahkari Sangh Ltd. Feeder Balancing Diary Complex, Fulwarisharif, Patna.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhaneshwar Prasad Gupta, Advocate For the Opposite Party/s :
Smt. Meena Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 19-12-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is apprehending her arrest in connection with Phulwari P.S. Case No.727 of 2015 for allegedly having committed the offence under Sections 420, 406, 467, 468, 470 and 471/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner was the Member of Vaishali Patliputra Dugdh Utpadak Sahkari Sangh--a Distributor of the milk and milk products. She was also the Transporter.
The allegation against the present petitioner as well as the other co-accused persons, which include herself, is that
Patna High Court Cr.Misc. No.66019 of 2018(2) dt.19-12-2018 2/3 they had issued several cheques, which were not honoured and, therefore, the Samiti took steps for realization of the amounts of the cheques which have since been dishonoured. It is submitted that the son of the present petitioner was taking into custody and when the matter came up before this Court, this Court while noting that there is some misunderstanding between the parties and on the date the cheques had bounced, the money was also available in the account of the petitioner and also because there was an arbitration clause, which can well be availed by the parties before entering into any prosecution, this Court had extended the privilege of regular bail to the son of the present petitioner in Cr. Misc. No.45045 of 2018, vide order dated 13.08.2018.
Considering the aforementioned facts and circumstances and also that the petitioner has got no criminal antecedents, let the petitioner, above named, in the event of her arrest or surrender before 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 bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional
Patna High Court Cr.Misc. No.66019 of 2018(2) dt.19-12-2018 3/3 Chief Judicial Magistrate-XV, Patna, in connection with Phulwari P.S. Case No.727 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anjana Mishra, J) PNM U T