Kiran Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64724 of 2018 Arising Out of PS. Case No.-858 Year-2014 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Kiran Kumari, Wife of Mirytunjay Kumar, Resident of Village- Gopalpur, P.S.- Zeromile, District- Bhagalpur.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Dhananjay Kumar Gupta, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 08-01-2019 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 Kotwali P.S. Case No. 858 of 2014.

3. It is submitted that the petitioner has been falsely implicated as she was merely an employee of Pratigia Housing Finance and Construction Limited and had no direct or indirect benefit to be derived from the deposit made by the informant with the said Company. The informant herself visited the office of the Company and deposited the amount of Rs. 30,000/- and a cheque for Rs. 60,000/- was given to her by the Company itself and not by the petitioner. The petitioner claims 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 Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur, in connection with Kotwali P.S.

Patna High Court Cr.Misc. No.64724 of 2018(3) dt.08-01-2019 2/2 Case No. 858 of 2014, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and with 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 will be well represented in court on each and every date during trial 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. (iv) 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.

(Vikash Jain, J) BT/Chandran U T