Sangita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41174 of 2018 Arising Out of PS.Case No. -14 Year- 2018 Thana -BHAGWANPUR DistrictVAISHALI(HAJIPUR) ====================================================== Sangita Kumari, wife of Raushan Kumar, resident of Village- Bhagwanpur, P.O. & P.S. Bhagwanpur, District- Vaishali at Hajipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. N. K. Singh, Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 31-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends her arrest in Bhagwanpur P.S. Case No.14 of 2018 instituted for the offence under Section(s) 420, 406, 409, 120-B Indian Penal Code. Counsel for the petitioner submits that she is lady. She has been made accused only because she is wife of Raushan Kumar.

In the written report, it is alleged that Head Post Master, Anupam Kumar Dubey, engaged husband of the petitioner, Raushan Kumar, on contract basis. He in collusion with husband of the petitioner has withdrawn huge amount from Sarai Sub-Post Office and deposited the same in the account of

Patna High Court Cr.Misc. No.41174 of 2018 (3) dt.31-08-2018 2/3 petitioner and also in the account of son of Post Master and other persons. It is alleged that in a day 4-5 times money was deposited and withdrawn from the joint account of the petitioner and her husband. It is further alleged in the written report that husband of petitioner was engaged on contract basis and he hardly get Rs.7-8 thousand per month as his salary, but account of the petitioner and her husband shows that rupees one lac was deposited in a day and within 3-4 months i.e. from 14.05.2016 to 08.10.2016, eleven lac rupees were deposited in the account.

Learned counsel for the petitioner submits that whatever illegal act has been done, was done by her husband, Raushan Kumar, in collusion with Head Post Master. Petitioner is pardanasheen lady. She has been made accused only because she is wife of Raushan Kumar having joint account with him. In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Bhagwanpur P.S. Case No.14 of 2018, she shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, III, Vaishali at

Patna High Court Cr.Misc. No.41174 of 2018 (3) dt.31-08-2018 3/3 Hajipur, subject to the conditions as laid down under Section 438(2) 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 her absence on two consecutive dates without proper and reasonable reason will be liable to cancel her bail bond 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) JA/- Rohit Kr.

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