Patna High CourtCR. MISC./26349/2015bail granted

Suman Kumari v. State Of Bihar And ANR

2016-02-02Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26349 of 2015 Arising Out of PS.Case No. -25721 Year- 2014 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Suman Kumari, wife of Rakesh Kumar Resident of house No. 2/64, LIG Hanuman Nagar, P.s. Patrakar Nagar, District- Patna. .... .... Petitioner

Versus

1. The State of Bihar.

2. Manish Kumar Sinha Son of Shri Alakh Deo Chandra Sinha Resident of MIG- 68 Kankarbagh Colony P.S.- Kankarbagh Dist.- Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bibhakar Tiwary For the Opposite Party/s : Mr. Akbar Ali(App) For O.P.No.2 : Mr. Ansul, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 02-02-2016 Heard learned counsel, appearing on behalf of the petitioner, learned Additional Public Prosecutor, appearing on behalf of the State and the learned counsel for the complainantopposite party. This application for grant of anticipatory bail arises out of Complaint Case No. 25721/2014 (Trial No. 2173/2014), disclosing offences under Sections 406, 420 of the Indian Penal Code and Section 138 of the N.I.Act.

Learned counsel for the petitioner submits that the petitioner shall pay to O.P.No.2 the entire amount of 5 lacs in five monthly instalments by the end of September, 2016 beginning from April, 2016.

Patna High Court Cr.Misc. No.26349 of 2015 (5) dt.02-02-2016 Learned counsel for O.P.No.2 has very fairly agreed to the proposal and has submitted that if that is done, O.P.No.2 shall not proceed with the prosecution case.

Considering the fair stand taken on behalf of the contesting parties, this application is allowed. Let the petitioner, abovenamed, in the event of surrender before the court below within one week from 1.4.2016, 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 Judicial Magistrate, 1st Class, Patna in connection with Complaint Case No. 25721/2014 (Trial No. 2173/2014), subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure.

(Chakradhari Sharan Singh, J) Surendra/- U