Sweta Devi @ Shweta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37786 of 2019 Arising Out of PS. Case No.-1032 Year-2018 Thana- BETTIAH CITY District- West Champaran ====================================================== Sweta Devi @ Shweta Devi, aged about 29 years, Female, Wife of Brijesh Kumar Srivastava @ Grijesh Kumar Srivastava, Resident of VillageBhagarwa, P.S.- Majhaulia, District- West Champaran at present Resident of Mohalla-Naurangabagh, ward No. 22, P.S.-Bettiah (T), District-West Champaran.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 24-06-2019 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 and 420 of the Indian Penal Code registered in connection with Bettiah (T) P.S. Case No. 1032 of 2018.

3. It is submitted that the petitioner has been falsely implicated in retaliation of complaint bearing Complaint Case No. 2233(c) of 2018 filed by the petitioner on 29.11.2018 shortly before institution of the present FIR. It is submitted that there is no document to support the allegation of the petitioner having taken Rs. 50,000/- and Rs. 1,00,000/- from the informant as alleged. The petitioner 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 learned

Patna High Court CR. MISC. No.37786 of 2019(2) dt.24-06-2019 2/2 Chief Judicial Magistrate, Bettiah in connection with Bettiah (T) P.S. Case No. 1032 of 2018, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and with 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 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. (iv) 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.

(Vikash Jain, J) BT/- U T