Archana Kumari @ Archana Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49541 of 2016 Arising Out of PS.Case No. -693 Year- 2015 Thana -NAWADA District- NAWADA ====================================================== Archana Kumari @ Archana Kumar Wife of Sanjeev Kumar Singh, Resident of Village- Baraudi, P.S. Rahui, District- Nalanda. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Prakash Kumar, Advocate.
For the Opposite Party : Mr. Jitendra Kumar Singh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-12-2016 Heard both sides.
The petitioner apprehends her arrest in Nawada Town P.S. Case No. 693 of 2015 registered for the offences punishable under Sections 420, 406, 467, 468, 471 and 120(B) of the Indian Penal Code and Section 138 of the N.I. Act.
The informant alleged that the petitioner is the Managing Director of Archana Construction Pvt. Ltd. Archana Construction Pvt. Ltd. got construction of worth Rs. 10,56,00000/-. The informant invested huge amount on the company on the assurance of the husband of the petitioner and others to get benefit out of investment but no profit was given to the petitioner. The husband of the petitioner issued cheques of Rs. 15 lakhs and Rs. 3 lakhs but one cheque of Rs. 15 lakhs was dishonoured.
Learned counsel for the petitioner submits that Sanjeev
Patna High Court Cr.Misc. No.49541 of 2016 (2) dt.21-12-2016 2/2 Kumar Singh, the husband of the petitioner, issued cheques and he has already been granted regular bail vide order dated 19.10.2016 passed in Cr. Misc. No. 45308 of 2016. The petitioner is the Managing Director of the company but she is a housewife. The petitioner does not look after the affairs of the company and the company has not been made accused.
Learned counsel for the informant opposed the prayer for anticipatory bail but it appears that the petitioner neither requested the informant to invest money in the company nor she issued any cheque in the name of the informant. The husband of the petitioner has already been enlarged on regular bail.
Considering the facts aforesaid, 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, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada in Nawada Town P.S. Case No. 693 of 2015, Subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J.) KKSINHA/- U T