Champa Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14812 of 2017 Arising Out of PS.Case No. -86 Year- 2016 Thana -PIRBAHOR District- PATNA ======================================================

1. Champa Kumari Wife of Kundan Kumar Kush, Resident of Maurya Sadan, Panchsheel Nagar, P.S.- Danapur, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhirendra Nath Jha For the Opposite Party/s : Mr. Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-04-2017 Heard the parties.

The petitioner is apprehending his arrest in connection with Pirbahor P.S.Case No.86 of 2016 registered for offences punishable under Sections 409 and 420 of the Indian Penal Code. It is submitted on behalf of the petitioner that no case is made out against her and at best, it is a case of negligence in duty and it is alleged that from the Ward Attendant Bindeshwar Prasad some medicines of Maternity Department of P.M.C.H. and another articles were recovered and not from the petitioner. Heard learned A.P.P. also, who could not controvert the above facts.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in

Patna High Court Cr.Misc. No.14812 of 2017 (2) dt.03-04-2017 2/2 the event of arrest or surrender before the court below within a period of six weeks, be released 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 C.J.M., Patna in connection with ---Pirhabore P.S.Case No.86 of 2016. subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

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

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

(iii) The petitioner shall co-operate in the investigation of the case and make herself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of her bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U