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Patna High CourtCR. MISC./15751/2017bail granted

Gunja Kumari Pathak v. The State Of Bihar

2017-04-28Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15751 of 2017 Arising Out of PS.Case No. -19 Year- 2016 Thana -DEO District- AURANGABAD ====================================================== Gunja Kumari Pathak .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. Sri Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-04-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Deo P.S. Case No. 19 of 2016 instituted for the offence under Sections-420, 467, 468/34 of the Indian Penal Code.

The petitioner is not named in the written report. It has been submitted that name of the petitioner has come during investigation that Rs. 15,000/- was transferred by one Vikas Kumar Pathak in the account of this petitioner. There is allegation in the written report that the informant was sanctioned R. 25,000/- for Indira Awas but she was paid Rs. 10,000/- only and Rs. 15,000/- was not paid to him. It is alleged that this petitioner is sister of Vikash Kumar Pathak and the account was operated by Vikash Kumar Pathak.

In such circumstances, the prayer for anticipatory bail

Patna High Court Cr.Misc. No.15751 of 2017 (2) dt.28-04-2017 2/2 is allowed and it is ordered that the petitioner named above, in the event of his arrest or surrender in the court below within four weeks from today shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Deo P.S. Case No. 19 of 2016 to the satisfaction of learned Chief Judicial Magistrate, Aurangabad subject to conditions as laid down u/S 438(2) of the 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) A.K.V./- U T