Soni Devi @ Soni Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49154 of 2017 Arising Out of PS.Case No. -101 Year- 2016 Thana -JAGDISHPUR District- BHAGALPUR ====================================================== Soni Devi @ Soni Kumari, Wife of Nand Kishore Sah, Resident of Village- Naya Tola, Baijani, Police Station- Jagdishpur, District- Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashutosh Kumar, Advocate. For the Opposite Party/s : Mr. Anand Mohan Prasad Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends her arrest in Jagdishpur P.S. Case No. 101 of 2016 instituted for the offence under Sections 406, 409 and 420 of the Indian Penal Code. Learned counsel for the petitioner has submitted that petitioner is not named in the written report. There is specific allegation of misappropriation of amount of Rs.1,67,494/- against the then Headmaster of the School namely, Randhir Kumar. The name of this petitioner has come during investigation in the supervision note of the police.

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

Patna High Court Cr.Misc. No.49154 of 2017 (4) dt.29-11-2017 2/2 weeks from today, in connection with Jagdishpur P.S. Case No. 101 of 2016, 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, Bhagalpur, 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.Ali/- U T