Shobha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25534 of 2015 Arising Out of PS.Case No. -169 Year- 2014 Thana -HASANPUR District- SAMASTIPUR ====================================================== Shobha Kumari, D/o Ram Badan Das, Resident of Village- Bhutha, P.SRosera, District- Samastipur. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sujit Kumar Singh, Advocate For the Opposite Party/s : Mr. Satyavarta Verma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-02-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Hasanpur P.S. Case No. 169 of 2014, disclosing offences under Sections 420, 467, 468, 471 and 406 of the Indian Penal Code. A complaint case instituted by the informant is the basis for registration of the present First Information Report. Allegedly, the informant had deposited certain amount at the Service Centre of the State Bank of India, headed by co-accused Chandan Kumar Sahani. The petitioner is said to have been working as a Clerk at the said Centre. When the informant attempted to withdraw the money deposited by her, it was detected that the accused persons had fled away, closing the said Centre. Learned counsel appearing on behalf of the petitioner submits that there is no specific allegation in the complaint petition, which is the basis for registration of the First Information Report that the petitioner had received any money from the

Patna High Court Cr.Misc. No.25534 of 2015 (3) dt.11-02-2016 2/2 complainant. He further contends that there is no chance of petitioner tampering with the evidence or fleeing from the course of investigation or trial.

Considering the fact that the petitioner is a lady and she has been granted interim protection by this Court by order dated 01.07.2015 passed in this case and there is no allegation that she ever misused the privilege of interim protection, this application is allowed.

Let the petitioner, above-named, in the event of her arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Rosera, Samastipur in connection with Hasanpur P.S. Case No. 169 of 2014, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present herself before the police/Court, as the case may be, as and when required and in the event of failure on her part to appear before the Court on two consecutive occasions, her bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Vats/- U T