Nishi Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35086 of 2023 Arising Out of PS. Case No.-349 Year-2022 Thana- RAJAON District- Banka ====================================================== 1.

NISHI MISHRA wife of Ravikant Mishra Village- Jhirwa Ps- Rajoin DistBanka 2.

Ravikant Mishra son of Bharat Mishra Village- Jhirwa Ps- Rajoin DistBanka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-04-2024 Heard learned counsel for the parties.

2. Petitioners apprehend arrest in a case registered for the offence punishable under Sections 420/406/34 of the Indian Penal Code.

3. Petitioner no.1 is alleged to have defalcated Rs.10,80,708/-lacs from the savings bank account runs in the name of Jivika Mahila Sangathan.

4. Learned counsel for the petitioners submits that petitioner no.2 is husband of petitioner no.1 and there is no allegation of defalcation on him. However, petitioner no.1 is ready to deposit Rs. 10.80 lacs in the court below in instalments, without prejudice to her right and contention.

5. Considering the aforesaid submission, both petitioners, above named, in the event of arrest/ surrender within a period of six weeks from today, shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two

Patna High Court CR. MISC. No.35086 of 2023(17) dt.30-04-2024 2/2 sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Banka in Rajoun Police Station Case No. 349 of 2022, subject to conditions laid down u/s 438(2) of the Cr. P. C., in the light of following terms and conditions:- (i) At the time of furnishing bail bond Rs. 2 lacs shall be deposited by petitioner no.1 in the Nazarat of the Court below.

(ii) Rest amount of Rs. 8,80,708/- shall be deposited by her in eight equal installments within one year. (iii) If the petitioner fails to comply with the aforesaid direction of this court, the court below shall be at liberty to cancel the bail bonds of these petitioners.

6. It is made clear that, without going into the merit of the case, the aforesaid order has been passed only for the purpose of grant of bail and fate of deposit would depend on final result of the case.

(Prabhat Kumar Singh, J) Shashi U T