Patna High CourtCR. MISC./25362/2014bail granted

Santoshi Devi v. The State Of Bihar

2015-01-15Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.25362 of 2014 (6) dt.15-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25362 of 2014 Arising Out of PS.Case No. -28 Year- 2013 Thana -BABUBARHI District- MADHUBANI ======================================================

1. Santoshi Devi wife of Indra Kumar Mahto Resident of Village - Bhupatti, P.S.- Babu Barhi, District - Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Soban Asghar For the Opposite Party/s : Mr. Aditya Nr. Singh 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-01-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends her arrest in connection with Babubarhi P.S. Case No. 28 of 2013 registered for the offences punishable under Sections 406, 409 and 420/34 of the Indian Penal Code.

At the very outset, it is submitted that in this coaccused Dr. Umesh Mishra the then Incharge Medical Officer of Primary Health Centre, Babibarhi and Bhagwan Goswami the then Clerk have already been allowed pre-arrest bail vide Cr. Misc. Nos. 44587 and 47955 of 2013 and the petitioner being the Asha Worker having no role deserves sympathetic consideration. It is also submitted that the FIR is based on letter dated 11.4.2013

Patna High Court Cr.Misc. No.25362 of 2014 (6) dt.15-01-2015 written by Incharge Medical Officer, Primary Health Centre, Babubarhi addressed to the Officer Incharge of the Police Station which does not contain any material fact to constitute the offence under Section 409 of the Indian Penal Code. In the facts and circumstances stated above, the petitioner above named, in case of her surrender or arrest within two months from the date of receipt/production of a 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 Chief Judicial Magistrate, Madhubani in connection with Babubarhi P.S. Case No. 28 of 2013, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T