Premsheela Devi @ Prem Shila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77302 of 2019 Arising Out of PS. Case No.-140 Year-2018 Thana- SAMASTIPUR DistrictSamastipur ====================================================== PREMSHEELA DEVI @ PREM SHILA DEVI Wife of Arun Yadav Resident of Village - Baipura Chaudahi, P.S.- Khodawandpur, Distt - Begusarai. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ajay Kumar, Advocate.

For the Opposite Party:

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 28-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest for the offences alleged under Sections 420, 467, 468/34 of the Indian Penal Code registered in connection with Samastipur Town P.S. Case No. 140 of 2018.

3. It is submitted that the petitioner has been falsely implicated in connection with fake certificate allegedly obtained in favour of her son Sudhir Kumar Yadav @ Nanki who was accused in Samastipur (Hasanur) Rail P.S. Case No. 70 of 2018 for purposes of claiming juvenility. The petitioner's husband has been arrested in similar accusation who has since been released on bail. It is submitted that the petitioner is a lady who had no role to play and claiming clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of

Patna High Court CR. MISC. No.77302 of 2019(2) dt.28-11-2019 2/2 Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur in connection with Samastipur Town P.S. Case No. 140 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make herself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall be well represented in Court on each and every date during trial except as and when directed by the learned Court below to be physically present, and in the event of failure on two consecutive dates without sufficient reason, her bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T