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Patna High CourtCR. MISC./76040/2024allowed

Anita Rani Gupta v. The State Of Bihar

2024-11-25Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76040 of 2024 Arising Out of PS. Case No.-643 Year-2022 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Anita Rani Gupta W/o Late Omprakash Sah R/o Village-Naviganj Nageshwar Colony, Chapra, P.S.- Chapra, District- Saran (Saran) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 25-11-2024 Heard learned counsel for the petitioner and Mr. Anant Kumar 1, learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending her arrest in connection with Gopalganj P.S. Case no. 643 of 2022 instituted for the offence under Sections 409 and 188 of the Indian Penal Code.

3. The case of the prosecution is that the petitioner has not deposited her service book when demanded repeatedly by the department.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. She has falsely been implicated in this case. During course of the argument, learned counsel for the petitioner submitted that the petitioner has given an informatory

Patna High Court CR. MISC. No.76040 of 2024(2) dt.25-11-2024 2/2 petition before C.J.M. Gopalganj that while he was returning from Gopalganj, her bag containing the service book and other articles were stolen. Moreover, the allegation against the petitioner does not attract Section 409 of the IPC. It is also submitted that petitioner is an old lady.

5. In contra, learned APP appearing for the State opposes the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Gopalganj P.S. Case No. 643 of 2022, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Sudhanshu/- U T