Mrs. Mamta Srivastawa v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5185 of 2018 Arising Out of PS.Case No. -532 Year- 2015 Thana -KAJI MUHAMMADPUR DistrictMUZAFFARPUR ======================================================
1. Mrs. Mamta Srivastawa, wife of Alok Kumar Srivastava, resident of Mohalla-Sherpur Road Mithanpura Lala, P.S.- Bela, DistrictMuzaffarpur.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Virendra Kumar, Advocate For the Opposite Party/s : Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 08-03-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends her arrest in Kazi Mohammadpur P.S. Case No.532 of 2015 instituted for the offence under Section(s) 419, 420, 467, 468, 471, 406, 323, 504, 120-B Indian Penal Code.
Counsel for the petitioner has submitted that petitioner is the wife of main accused-Alok Kumar Srivastava. Alok Kumar Srivastava has given undertaking in the Court during hearing of his bail application vide Cr. Misc. No.8907 of 2017 that he will deposit the amount within six months and on that ground he has been granted provisional bail for six months by a co-ordinate Bench of this Court by order dated 21.02.2018 passed in Cr. Misc. No.8907 of 2017.
In the Complaint Petition, there is no specific allegation against this petitioner except that she is wife of Alok
Patna High Court Cr.Misc. No.5185 of 2018 (4) dt.08-03-2018 2/2 Kumar Srivastava, who is said to have opened Company in the name of Mahalaya Company and Mageneto Computer and got money deposited by the informant and other depositors as mentoned in the written report.
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 Kazi Mohammadpur P.S. Case No.532 of 2015, 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-XII, Muzaffarpur, 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/- U T