Pinki Devi v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36366 of 2016 Arising Out of PS.Case No. -459 Year- 2015 Thana -KANKARBAGH District- PATNA ====================================================== Pinki Devi, Wife of Sanjay Kumar, Resident of village- Fatehpur, Police Station- Paliganj, District- Patna .... .... Petitioner
Versus
1. The State of Bihar
2. The Chief Manager, State Bank of India, K.R.C. Branch, Patna .... .... Opposite Parties ====================================================== Appearance:
For the Petitioner : Mr. Akhauri Kamal Kishore Sahay, Advocate For the State : Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 15-09-2016 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends her arrest for the offences alleged under Sections 406, 420, 467, 468 and 471 of the Indian Penal Code registered in connection with Kankarbagh P.S. Case No. 459 of 2015.
3. It is submitted that the petitioner has been falsely implicated and in any event, she has been making repayments against the outstanding loan. The loan account has been changed to new Account No. 35630307866 and the petitioner undertakes to make payment of the entire outstanding amount and close the loan account within a period of three years. Petitioner claims clean antecedents.
4. Having regard to the entirety of the facts and circumstances of the case, in the event of petitioner's arrest or surrender within four weeks hereof let the above named petitioner be released on provisional anticipatory bail on
Patna High Court Cr.Misc. No.36366 of 2016 (2) dt.15-09-2016 2/2 furnishing bail bond of Rs.10,000/- [ten thousand] each with two sureties of like amount each to the satisfaction of Smt. Smita Raj, learned Judicial Magistrate, Ist Class, Patna in connection with Kankarbagh P.S. Case No. 459 of 2015 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence.
(iii) That the petitioner shall cooperate with the investigation and make herself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
(iv) That the petitioner will be well represented in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, her bail bond shall be liable to be cancelled by the learned Court concerned. (v) That the provisional bail shall stand confirmed if the petitioner makes payment of the entire outstanding loan with interest in her loan account within a period of three years. (Vikash Jain, J) B.T/Chandran U T