Allowed

Archana Devi v. The State Of Bihar

Patna HC22 Dec 2014CR. MISC./27444/2014

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to the petitioner, a rice mill owner arrested for alleged cheating and criminal breach of trust. The court relied on a prior order from a co-ordinate bench and quashed the certificate case, directing release upon arrest provided she produces herself within six weeks.

What did the court decide?

Petitioner granted anticipatory bail; released on bail bonds of Rs. 10,000/- with two sureties if arrested within six weeks.

Archana Devi Vs The State Of Bihar — Cheque Dishonour | Patna HC (2014)

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Patna High Court Cr.Misc. No.27444 of 2014 (4) dt.22-12-2014

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27444 of 2014 Arising Out of PS.Case No. -176 Year- 2013 Thana -RAMGARH District- BHABHUA (KAIMUR) ====================================================== 1. Archana Devi wife of Dr. Brahma Nand Choubey alias Brahma Nand Chaturvedi, resident of village and Post Office Darwan, Police Station - Ramgarh, District- Kaimur (Bhabua). .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ambuj Nayan Chaubey For the Opposite Party/s : Mr. Shantanu Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER

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4 22-12-2014 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends her arrest in connection with Ramgarh P.S. Case No. 176 of 2013 registered for the offences punishable under Sections 406 and 409 of the Indian Penal Code. The accusation against the petitioner is that she being rice mill owner lifted paddy under an agreement to return rice in place of the aforesaid paddy but neither rice was returned

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Patna High Court Cr.Misc. No.27444 of 2014 (4) dt.22-12-2014

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nor amount was deposited and accordingly, it is stated that petitioner defalcated the government money.

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At the very outset, learned counsel for the petitioner submits that in identical case, one of the co-ordinate benches of this court has already granted privilege of anticipatory bail in Cr. Misc. No. 44094 of 2013 vide order dated 23.10.2013. It is submitted on behalf of the petitioner that the officials initiated a certificate case but later on, the aforesaid certificate case has been quashed by a bench of this court vide order dated 23.07.2014 passed in CWJC No. 11248 of 2014. It is also submitted that moreover, petitioner had not entered into any agreement and her signature was forged on the agreement for which she has filed a complaint case against the officials.

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Considering the aforesaid facts and circumstances as well as submissions of the parties, particularly, keeping in mind that in identical case, a co-ordinate bench of this court has already granted privilege of anticipatory bail, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of her arrest/ surrender within six weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the

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Patna High Court Cr.Misc. No.27444 of 2014 (4) dt.22-12-2014

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Chief Judicial Magistrate, Kaimur, Bhabua in Ramgarh P.S. Case No. 176 of 2013 subject to condition as laid down under Section 438(2) of the Cr.P.C.

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(Hemant Kumar Srivastava, J)

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SHAHZAD/-
U T

Archana Devi v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Archana Devi v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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