Sunita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50406 of 2017 Arising Out of PS.Case No. -99 Year- 2017 Thana -AGAMKUAN District- PATNA ====================================================== Sunita Devi, aged about 38 Years, W/o Sri Jai Shankar, R/o MohallaMahatma Gandhi Nagar, Kaanti Factory Road, Anand Path, Kanti Boys Hostel, P.S.- Agam Kuan, Town and District- Patna. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sandeep Kumar, Adv. Mr. Amaresh Kumar Sinha, Adv.
For the Opposite Party/s : Mr. Gopal Govind Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-11-2017 Heard learned counsel for the petitioner and the State. Counsel for the petitioner filed supplementary affidavit. The petitioner apprehends her arrest in Agam Kuan P.S. Case No. 99/2017 instituted for the offence under Sections 419, 420, 467, 468, 471 and 120B of the Indian Penal Code. Counsel for the petitioner has submitted that petitioner is Bhabhi of the informant. In the written report there is allegation that the brother of the informant constituted a firm in the name of Maa Vaishno Sales and appointed Sunita Devi (petitioner) as proprietor of the said firm. He in collusion with Branch Manager, Punjab National Bank took cash credit of Rs. 1 Crore 30 lakh in the year 2015 by mortgaging a joint house of the informant and his brother. It is further submitted that the informant has already filed partition suit no. 79/2017. As such from allegation it appears that
Patna High Court Cr.Misc. No.50406 of 2017 (3) dt.08-11-2017 2/2 there is dispute between two brothers. The petitioner is Bhabhi of the informant. There is no allegation of specific overt act against her.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner named above, within six weeks from today, in connection with Agam Kuan P.S. Case No. 99/2017, shall be enlarged on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Patna City, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. with further conditions
(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned,
(2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and
(3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) Vinita/- U T