Punam Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76222 of 2018 Arising Out of PS. Case No.-170 Year-2018 Thana- NASRIGANJ District- Rohtas ====================================================== Punam Yadav w/o Om Prakash Singh, r/v- Badihan, P.S.-Nasriganj, District - Rohtas ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravindra Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 14-03-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends her arrest for the offence alleged under Sections 406, 419 and 420 Indian Penal Code registered in connection with Nasriganj P.S. Case No. 170/2018.
3. It is submitted that the petitioner has falsely been implicated along with co-accused her husband Om Prakash Singh, Chairman of Pokhraha PACS on the accusation of misappropriation of 873 quintals of paddy. It is further submitted that co-accused Om Prakash Singh has since been granted time till 30.03.2019 to deposit Rs. 13,53,150/- for the purpose of grant of anticipatory bail by order dated 29.01.2019 in Cr. Misc. No. 74252/2018.
4. Be that as it may, having regard to the entirety of
Patna High Court CR. MISC. No.76222 of 2018(4) dt.14-03-2019 2/3 the facts and circumstances, in the event of petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the abovenamed petitioner be released on provisional bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Bikramganj Rohtas in connection with Nasriganj P.S. Case No. 170/2018, subject to the conditions as laid down under Section 438(2) Cr.P.C. and also subject to the following further conditions:
(i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.
(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make herself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioner shall remain present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, her bail bond shall be liable to be cancelled by the learned Court concerned.
Patna High Court CR. MISC. No.76222 of 2018(4) dt.14-03-2019 3/3
5. The provisional bail shall be confirmed, if the entire amount of Rs. 13,53,150/- is deposited by 30.03.2019 by co-accused Om Prakash Singh or by the petitioner. If the said amount is not deposited by the stipulated date, the provisional bail granted to the petitioner shall stand automatically cancelled. (Vikash Jain, J) vinita/- U T