Ankita Bharati v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32079 of 2018 Arising Out of PS.Case No. -242 Year- 2016 Thana -ARWAL District- ARWAL ====================================================== Ankita Bharati W/o Ranvijay Kumar Resident of Village- Rojaper P.S. Arwal, District- Arwal.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Uday Pratap Singh For the Opposite Party/s : Mr. Ajay Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 12-06-2018 Heard learned Senior counsel representing the petitioner and learned APP representing the State. The petitioner, in the present case, is seeking regular bail in connection with Arwal P.S. Case No. 242 of 2016, registered for offences alleged under Sections 419, 420, 467, 468, 471, 120B of the Indian Penal Code.
At the outset, learned Senior counsel representing the petitioner has brought to the notice of this Court the order dated 13.07.2017 passed in Cr. Misc. No. 26493 of 2017 by which the petitioner was earlier granted privilege of anticipatory bail provisionally for a period of two months with a condition to appear before the Investigating Officer, Vigilance, Patna and show her certificates, the concerned Investigating Officer was required
Patna High Court Cr.Misc. No.32079 of 2018 (2) dt.12-06-2018 to verify her documents and signature whereupon he had to submit a report within two months. It is the submission of learned Senior counsel that unfortunately the minor daughter of the petitioner, who was aged about 5 years, was suffering from Glioma Malignant (A type of cancer) required her treatment and in connection thereof this petitioner remained outside engaged in the treatment of her minor daughter which resulted in her failure to abide by the condition imposed by this Court to present herself before the Investigating Officer. It is submitted that the petitioner, thereafter, surrendered on 15.04.2018 and since then she is in custody.
Learned Senior counsel submits that the petitioner is ready and willing to cooperate in course of investigation, however, considering that she is a lady and her minor daughter is suffering from cancer, she may be enlarged on bail.
Learned counsel representing the State has opposed the application for grant of regular bail.
Considering the fact that the petitioner was earlier granted anticipatory bail by this Court, though it was provisional with a condition and as she failed to abide by the condition imposed therein due to the reason shown by her in the
Patna High Court Cr.Misc. No.32079 of 2018 (2) dt.12-06-2018 present application whereunder it is stated that her minor daughter has been suffering from cancer and that was the reason for failure to provide a certificate to the concern Investigating Officer, I am inclined to accept the plea of the petitioner for purpose of grant of her regular bail.
Considering the facts and circumstances, let the petitioner, above named, be enlarged on bail on her furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Arwal in connection with Arwal P.S. Case No. 242 of 2016, subject to the conditions U/S 437(3) Cr.P.C. It is further directed that immediately after her release from custody, she will report to the Investigating Officer and shall provide the certificates and all such other co-operations which will be required to conclude the investigation. (Rajeev Ranjan Prasad, J) Arvind/- Ved/Saurabh U T