Phul Kumari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76133 of 2018 Arising Out of PS. Case No.-97 Year-2018 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== Phul Kumari Devi, Wife of Kari Sadai, Resident of Village- Gadhiya, P.S. Bhairav Asthan, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baleshwar Kamat For the Opposite Party/s :

Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 21-12-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends her arrest in connection with Bhairav Asthan P.S. Case No. 97/2018 registered for the offences punishable under Sections 406, 420, 467 and 468/34 of the Indian Penal Code.

The entire allegation of collecting money centres around F.I.R. named accused Ashwani Kumar Sinha and, so far as, the petitioner is concerned, it appears from the perusal of impugned order that the receipts of deposit of money were issued in the signature of this petitioner.

Submission on behalf of the petitioner is that the petitioner is an illiterate lady and, as a matter of fact, the coaccused forged the signature of the petitioner. Considering the aforesaid facts and circumstances as

Patna High Court Cr.Misc. No.76133 of 2018(2) dt.21-12-2018 2/2 well as submissions of the parties and also taking note of the fact that the petitioner is a lady and does not have any criminal antecedents, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of her arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Jhanjharpur, District Madhubani in Bhairav Asthan P.S. Case No. 97/2018 subject to conditions as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) Spd/- U T