Nargish Khatoon @ Nargish @ Rani v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48018 of 2017 Arising Out of PS.Case No. -281 Year- 2017 Thana -KADAMKUAN District- PATNA ======================================================

1. Nargish Khatoon @ Nargish @ Rani W/o Md. Akbar, R/o Imambara, Paharpur, P.S.- Phulwari, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Union Bank of India, Patna.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nagmani Kumar For the Opposite Party/s : Mr. Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-11-2017 Heard the parties.

The petitioner seeks regular bail in connection with Kadamkuan P.S.Case No.281 of 2017 registered for offences punishable under Sections 419, 420, 468, 472 and 120(B) of the Indian Penal Code.

Allegation against the petitioner is that a forged cheque was issued by some other persons and the same has been deposited in the bank account at Macchua Toli Branch of Union Bank of India and from there it has been transferred to the account of the petitioner, which was freezed on the request of the bank and the petitioner has been made accused in this case because the freezed account was in the name of the petitioner. Submission of the learned counsel for the petitioner is

Patna High Court Cr.Misc. No.48018 of 2017 (3) dt.08-11-2017 2/3 that she has not withdrawn any amount and the account has been freezed. She is also a lady and she is in custody for four months. Heard learned A.P.P. and the learned counsel for the Union Bank of India. They have opposed the prayer for bail on the ground that she is one of the conspirator in this case and the amount has been sent to her account but it has not been denied that the amount has not been withdrawn by the petitioner.. Having heard both sides and in view of fact that she is a lady, as such, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Judge-VIIth-cum-A.C.J.M., Patna in connection with Kadamkuan P.S.Case No.281 of 2017. With following conditions :

(i) One of the bailors of the petitioner shall be local person having sufficient immovable property within jurisdiction of the concerned court.

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

(iii) The petitioner shall co-operate in disposal of trial and make herself available as and when required by the court concerned and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, her bail bond shall be cancelled.

(iv) Before releasing the petitioner, the learned court below shall verify the address of the petitioner and the address of the bailors.

Patna High Court Cr.Misc. No.48018 of 2017 (3) dt.08-11-2017 3/3 With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T