Neetu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16017 of 2017 Arising Out of PS.Case No. -8 Year- 2017 Thana -MADHEPURA District- MADHEPURA ====================================================== Neetu Devi, Wife of Birbal Kumar @ Birbal Kumar Yadav, Resident of Village- Janki Nagar, Azad Chowk, P.S.- Janki Nagar, District- Purnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Durgesh Kumar, Advocate. For the Opposite Party/s : Mr. Umeshnand Pandit, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-05-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends her arrest in Madhepura P.S. Case No. 08 of 2017 instituted for the offence under Sections 406 and 420 of the Indian Penal Code.

It is alleged that the petitioner along with her husband being the staff and salesman of the informant, lifted different articles worth Rs.95,000/- from the godown, on the pretext for selling the same in the market, and fled away. The informant tried to contact the husband of the petitioner but his mobile was switched off. It has been submitted on behalf of the petitioner that this case has been filed as a counter blast. The petitioner and her husband were the staff of the informant and salary of the husband of the petitioner of several months was not paid, for which case has been filed by the husband of the petitioner against the informant before the

Patna High Court Cr.Misc. No.16017 of 2017 (2) dt.04-05-2017 2/2 Labour Court, Saharsa.

Be that as it may, from the allegation in the written report itself it appears that there is no specific allegation of overt act against the petitioner.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Madhepura P.S. Case No. 08 of 2017, she shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura, 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner 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) S.