Kumkum Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23133 of 2016 Arising Out of PS.Case No. -60 Year- 2011 Thana -JAMHORA District- AURANGABAD ====================================================== Kumkum Mishra Wife of Sri Surendra Mihshra Resident of VillageRudrapur, Police Station- Andhra Thadhi, District madhubani, at present residing at Street no. 136/K , Hospital road, Police Station Uttarpara, District Hugli, (West Bengal) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. G.S.Gupta(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 12-08-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner apprehends her arrest in connection with Jamhore P.S. Case No. 60 of 2011 for the offences registered under Sections 406, 420, 120B of the Indian Penal Code.

Learned counsel for the petitioner submits that the allegation has been made against the petitioner that her husband had taken money from several investors and had not issued money receipt on behalf of OCPL. It is further submitted that the husband of the petitioner is the Director of the aforementioned company and has been residing at

Kolkata whereas such business was being conducted in several villages in the District of Aurangabad. As soon as the petitioner's husband realized that certain anomalies were being committed by the agents, the petitioner started closing down the offices which resulted in the filing of the cases at different places in which the petitioner and her husband are facing prosecution. Learned counsel for the petitioner points out certain orders passed by this court (Annexure-2 series) in which under similar circumstances in different cases, this Court, after considering the facts has been pleased to grant anticipatory bail to the petitioner as well as her husband also. The petitioner in such cases has been arrayed in the capacity of accused being one of the Directors of the company.

Having considered the facts and circumstances of the case and the nature of allegation and that the main allegation is against her husband, not against this petitioner, 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 bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad in connection with Jamhore P.S. Case No. 60 of 2011, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) Jagdish/- U T