Vineeta Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60749 of 2023 Arising Out of PS. Case No.-417 Year-2020 Thana- LAKHISARAI District- Lakhisarai ====================================================== Vineeta Kumari Wife Of Pawan Kumar @ Pavan Kumar Resident Of Village - Pratappur, P.S. - Halsi, District - Lakhisarai ... ... Petitioner/s
Versus
The State Of Bihar, ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rabi Bhushan, Adv.
For the Opposite Party/s :
Mrs.Nirmala Kumari APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and the learned APP for the State.
2. The petitioner is apprehending her arrest in connection with Lakhisarai PS Case No. 417 of 2020 registered for the offence punishable under Section 409/ 34 of the Indian Penal Code.
3. Allegation against the petitioner is of misappropriating government money.
4. It is submitted by the petitioner's counsel that the petitioner has falsely been implicated in the instant case due to ulterior motive. It is further submitted that in all the three certificate proceedings, she deposited certificate amount, amounting to Rs. 14,744/- on 13-09-2021 in the State Bank of
Patna High Court CR. MISC. No.60749 of 2023(2) dt.11-10-2023 2/3 India bearing Account no. 39751435439 of District Programme Officer, Lakhisarai. (Annexure-2), and as such, the allegation made against the petitioner is unsustainable. It is further submitted that the petitioner has no criminal antecedent. The other co-accused of this case have been allowed anticipatory bail vide orders passed in Cr. Misc. no. 7620 of 2021, 6731 of 2021 and 31431 of 2021 (Annexure-3 series).
5. Learned APP for the State has opposed the prayer for bail.
6. Considering the rival submissions, clean antecedent of the petitioner as also the fact that other co-accused of this case have been allowed anticipatory bail vide orders passed in Cr. Misc. no. 7620 of 2021, 6731 of 2021 and 31431 of 2021 (Annexure-3 series), this Court, for the limited purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for anticipatory bail is allowed.
7. Accordingly, let the petitioner, above named, in the event of her arrest or surrender before the court below within a period of four weeks from today, be released on 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 CJM Lakhisarai, in connection with Lakhisarai PS Case No.
Patna High Court CR. MISC. No.60749 of 2023(2) dt.11-10-2023 3/3 417 of 2020, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure with following conditions:
(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if she fails to do so on two consecutive dates, her bail bond will be liable to be cancelled.
(Madhuresh Prasad, J) shyambihari/- U T