Aabha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73917 of 2019 Arising Out of PS. Case No.-46 Year-2018 Thana- BABUBARHI District- Madhubani ====================================================== AABHA KUMARI, aged about 22 years (Female), D/O - Ramprit Mahto, Resident of Babubarahi, P.S.- Babubarahi, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

M/s. A. K. Thakur Babita Kumari Malay Kumar Choudhary, Advocates For the Opposite Party/s :

Mr .Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 25-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends her arrest in a case registered for the offence punishable under Sections 409, 419, 420, 467, 468/34 of the Indian Penal Code.

Informant is Superintendent of Post who in his written complaint has alleged that two postal employees Ram Prit Mahto and Basudev Ram who were posted as Deputy Postmaster and Assistant post-master in the post office, have instead of depositing the money in the government account, deposited the same in private account and thereby defalcated amount of Rs.38,91,079/-. They have also transferred matured amount in the account of one Shashi Kumar Singh and Rs.61,90,797/- has

Patna High Court CR. MISC. No.73917 of 2019(2) dt.25-11-2019 2/3 been recovered from the accused Ram Prit Mahto. It has been submitted on behalf of the petitioner that she is not named in the FIR and being the daughter of Ram Prit Mahto, she has been implicated in this case as some of the amount were also deposited in her account. Ram Prit Mahto has already been granted bail by a co-ordinate Bench of this Court as contained in Annexure 2. She has no criminal antecedent. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail, in the event of her arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Babubarahi P.S. Case No.46 of 2018 subject to the condition as laid down under Section 438(2) of the Cr.P.C with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable

Patna High Court CR. MISC. No.73917 of 2019(2) dt.25-11-2019 3/3 reason will be sufficient to cancel his bail bond.

(3) If the 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. (S. Kumar, J) Sanjay/- U T