Shaheena Praveen v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1016 of 2020 Arising Out of PS. Case No.-230 Year-2019 Thana- UJIYARPUR District- Samastipur ====================================================== SHAHEENA PRAVEEN Wife of Nishant Alam Resident of VillageLakhnipur Maheshpatti, P.S.- Ujiarpur, District- Samastipur ... Petitioner

Versus

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

For the Petitioner :

Mr.Lovekush Kumar, Advocate For the Opposite Party :

Mr.Ajit Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-02-2020 Heard learned counsel for the petitioner as well as learned counsel for the State.

Petitioner apprehends arrest in a case registered for the offences punishable under Sections 341,406,504/34 of the Indian Penal Code.

Informant alleges that when he was working in Dubai, he sent Rs. 90 lacs to his wife/the petitioner who misappropriated the entire amount and transferred it to her brothers.

Learned counsel for the petitioner, refuting the allegation, submits that the petitioner happens to be wife of the informant and in fact lesser amount had been sent to her by her husband to meet the need of the family and the said amount was utilized in constructing house and buying Scorpio and Tractor in the name of his father. Thus, the petitioner has not misappropriated any amount sent by her husband. Considering the facts of the case, let the petitioner, above named, in the event of arrest/surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of

Patna High Court CR. MISC. No.1016 of 2020(2) dt.20-02-2020 2/2 Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Dalsingsarai (Samastipur) in Ujiarpur Police Station Case No. 230 of 2019, on the following conditions:-

(1) 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 on his absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T