Reena Sharma And ORS v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.58419 of 2017 (2) dt.12-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58419 of 2017 Arising Out of PS.Case No. -319 Year- 2016 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Reena Sharma D/o Nandu Sharma

2. Nandu Sharma Son of Chamru Sharma

3. Manju Devi W/o Nandu Sharma All residents of Road No. 13C, Rajendra Nagar, Near Bahadurpur Gumti, P.S. - Bahadurpur, District - Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Raj Shekhar S/o Vishnu Swaroop Gupta Resident of Uttari Gali, Gaya Ghat, P.S.- Alamganj, Patna.

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

For the Petitioner/s : Mr. Ashok Kumar Verma, Adv. For the Opposite Party/s : Mr. Sri Chandrasen Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 12-12-2017 Learned counsel for the petitioners, at the very outset, has submitted that the petitioner Nos. 2 and 3 have been taken into custody, therefore, this application has become now infructuous with respect to petitioner Nos. 2 and 3 only and seeks permission to withdraw this criminal miscellaneous application.

Permission accorded.

Accordingly, this criminal miscellaneous application is dismissed as withdrawn with respect to petitioner Nos. 2 and 3 only, having been infructuous.

Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

Patna High Court Cr.Misc. No.58419 of 2017 (2) dt.12-12-2017 This application, for grant of anticipatory bail, arises out of Complaint Case vide its No. C.A. 319 of 2016, disclosing offences under Sections 417, 406/34 of the Indian Penal Code. Learned counsel for the petitioner has submitted that the petitioner happens to be lady, who is said to be of clean antecedent, is innocent and has not committed any offence. In fact, there is general and omnibus allegation against the petitioner and the specific allegation is leveled against the coaccused, who have already been taken into custody. Hence, the petitioner deserves the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioner No.

1, above named, in the event of her arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Patna City, Patna, in connection with Complaint Case vide its No. C.A. 319 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T