Kanchan Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87428 of 2019 Arising Out of PS. Case No.-1126 Year-2018 Thana- KANKARBAG District- Patna ====================================================== KANCHAN DEVI Wife of Sri Shamsher Kumar Resident of VillageBaijalpur Gobdda, Police Station - Bariarpur, District-Munger and A/p Professor Colony, Mahatama Gandhi Nagar, P.S-Patrakar Nagar, DistrictPatna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Central Bank of India, Lohia Nagar, P.S-Kankarbagh, Patna (Bihar) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rishikesh For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-01-2020 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 467, 468 and 471 of the Indian Penal Code and Section 66(C) of I.T. Act. Allegation against petitioner is to have deposited a clone cheqe in her account No.661259031 in Lohia Nagar Braanch for Rs.1,78,807/-. This clone cheqe was verified by the bank which was in the name of Pandit Kedarnath Tiwari regarding account No.2305667099 of Dariapur, P.S. Saran (Chhapra). It has further been alleged that she drew all the amount through the ATM.

It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.87428 of 2019(2) dt.18-01-2020 2/2 she is innocent and has falsely been implicated in this case only on the basis of suspicion. It has further been submitted that petitioner has not withdrawn the amount. Petitioner has no criminal antecedent and she is in custody since 01.12.2018. Considering the aforesaid facts and circumstances of the case and also the fact that petitioner is a lady, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Kankarbagh P.S. Case No. 1126 / 18 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 properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and her absence on two consecutive dates without sufficient reason, her bail bond shall be cancelled by the court below.

(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.

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