Nandini Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.64098 of 2018 Arising Out of PS. Case No.-176 Year-2016 Thana- MADHEPURA District- Madhepura ====================================================== Nandini Kumari Wife of Sri Ranjeet Mishra Resident of Village-Nehalpatti, Police Station Madhepura (Bharrahi O.P.), Distt.-Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Chand Prasad For the Opposite Party/s :
Mr. Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 14-12-2018 Heard the learned counsel for the petitioner and the State.
The petitioner seeks bail in anticipation of her arrest in connection with Madhepura (Bharrahi O.P.) P. S. Case No. 176 of 2016 dated 01.04.2016 instituted for the offences under Sections 406, 419 and 420 of the Indian Penal Code.
It has been alleged in the F.I.R. that the informant had deposited Rs. 1,40,000/- in SBI Customer Service Centre Branch, Nehalpatti in his Account No. 33571703134.
2/4 When he had gone on one occasion to withdraw money from the centre, he learnt that the aforesaid centre has been closed. He thereafter visited the City Branch of SBI, Madhepura which is located in GPS College premises, where he learnt that the money has been fraudulently withdrawn. It has therefore been alleged by the informant that the person who managed the State Bank Customer Care Centre, Nehalpatti had been instrumental in the illegal withdrawals of money deposited by the informant and others and whereafter the aforesaid Customer Care Centre has been closed.
During the course of investigation, it came to light that the petitioner is the wife of Ranjit Mishra, who actually handled the Customer Care Centre, Nehalpatti. Mr. Uday Chandra Prasad, learned counsel for the petitioner, taking the line of least resistance, has submitted that even though the Centre in question was being managed by her husband, the petitioner is ready to deposit an amount of Rs. 1,00,000/- before the court below for the purposes of grant of bail.
3/4 On deposit of an amount of Rs. 1,00,000/-, by way of Demand Draft of State Bank, by the petitioner before the court below within a period of six weeks from today, the petitioner, above-named, be released on bail, in the event of her arrest or surrender before the court below and on her furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhepura in connection with Madhepura (Bharrahi O.P.) P. S. Case No. 176 of 2016, subject to the conditions as laid down under Section 438 (2) Cr.P.C.
The money so deposited shall be invested in an interest bearing deposit with auto-renewal facility, initially for a period of six months. The amount in question along with the interest would remain with the Court and would be subject to the outcome of the case relating to Madhepura (Bharrahi O.P.) P. S. Case No. 176 of 2016.
Needless to say that the aforesaid deposit of money would be without prejudice to the right and contentions of the petitioner later.
4/4 During the interregnum period, let no coercive steps be taken against the petitioner.
(Ashutosh Kumar, J) skm/- U