Pinki Khatoon @ Pinki Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24067 of 2014 Arising Out of PS.Case No. -1 Year- 2014 Thana -PATNA COMPLAINT CASE District- PATNA ====================================================== Pinki Khatoon @ Pinki Devi, W/o Shri Suresh Nut, Resident of Mohalla Raddi Tola, Bakhari Bazar, P.S. Bakhari, District Begusarai (Bihar). .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh, Adv. For the Opposite Party/s : Mr. Anuj Kr. Srivastav, A.P.P. For the Union of India : Mr. Manoj Kumar Singh, C.G.C. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-01-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner, apprehending her arrest in connection with Special Trial (P.M.L. Act) No. 01 of 2014 arising out of Complaint Case No. 01 of 2014 registered for the offences punishable under Section 4 of the Prevention of Money Laundering Act, 2002, seeks the privilege of pre-arrest bail. Allegedly, the petitioner and her husband acquired disproportionate assets through their criminal activities and for that two cases Bakhari P.S. Case No. 89 of 2007 and Bakhari P.S. Case No. 226 of 2012 have been registered under different Sections of the Penal Code as well as Sections 5 and 6 of the

Patna High Court Cr.Misc. No.24067 of 2014 (11) dt.28-01-2015 Immoral Traffic (Prevention) Act, 1956, which is scheduled offence in Prevention of Money Laundering Act. The assets acquired, which is fully detailed, is evidently disproportionate to the known source of income.

Submission is of false implication and that in Bakhari P.S. Case No. 89 of 2007, the main accused has been acquitted. The learned Central Government Counsel opposes the prayer of bail by submitting that the petitioner being the wife of main accused in connivance with her husband has acquired disproportionate assets.

Considering the gender of the petitioner and further that she is not the prime accused, she, in case of her arrest or surrender within one month from the date of receipt/production of the copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Patna in connection with Special Trial (P.M.L. Act) No. 01 of 2014 arising out of Complaint Case No. 01 of 2014, subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Jitendra Mohan Sharma, J.) Vats/- U T