Archana Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23007 of 2017 Arising Out of PS.Case No. -123 Year- 2017 Thana -SITAMARHI District- SITAMARHI ====================================================== Archana Kumari, wife of Ravi Chaudhary @ Ravi Kumar, Resident of Mohalla- Mela Road, Bhavdepur, P.S.- Sitamarhi, District- Sitamarhi. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. N.K.Agrawal, Sr.Advocate with .Mr. Pushpendra Kumar Singh, Advocate For the Opposite Party/s : Mr. S.M. Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-05-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Sitamarhi (Mehsaul) P.S.Case No. 123 of 2017 registered for the offences punishable under Sections 406, 420, 467, 468, 471/34 of the Indian Penal Code and 3, 4, 5 of Money circulation Scheme Act, 1978, including 7(2) of Bihar Protection of Interest Depositors Act, 2002.

Allegation as per FIR is that petitioner being Cashier was engaged in accepting the deposits on behalf of the Company in the name of Mahuawa Joint Liability Group Development Cooperative Society Ltd., who has no licence for the same. It has been submitted on behalf of the petitioner that apart from the above allegation the fact is that petitioner is a lady, who is carrying pregnancy of four months, which is evident from paragraph-15 of the petition and she is in custody for more than two months.

Heard learned APP also.

Having heard both sides and considering the aforesaid

Patna High Court Cr.Misc. No.23007 of 2017 (2) dt.15-05-2017 2/2 facts and also considering the fact that petitioner is lady having pregnancy of four months, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi, in connection with Sitamarhi (Mehsaul) P.S.Case No. 123 of 2017, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make herself available as and when required by the court and on the event of failure on her part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of her bail.

(Vinod Kumar Sinha, J) spal/- U