In OA No. 41121 of 2013, the High Court at Patna granted anticipatory bail to a female petitioner apprehending arrest in cases under IPC 420 and E.C. Act, releasing her只要在交保金及两名担保人的前提下, within four weeks.
Petitioner released on anticipatory bail by furnishing bail bond of Rs. 5,000 with two sureties of like amount each within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 41121 of 2013 Malti Devi W/o Lal Bahadur Sah R/o Village - Dhankaraiya, P.S. - Harsidhi, Distt.- East Champaran at Motihari.
Versus The State of Bihar.
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CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER
02. 30.01.2014
Heard learned counsel for the Petitioner and the
State.
The Petitioner is apprehending her arrest in a case registered under Section 420 of the Indian Penal Code and Section 7 of the E.C. Act.
Considering that the Petitioner is a lady without going into the veracity of the allegations, let her be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of four weeks from the date of receipt of the order on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Chief Judicial Magistrate, East Champaran at Motihari in connection with Harsidhi P.S. Case No. 407 of 2012 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also subject to the following conditions:- (i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to
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how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner. (ii) That the affidavit shall clearly state that the Petitioner is not an accused in any other case and if she is she shall not be released on bail. (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the Petitioner is implicated in any other case of similar nature after her release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iv) That the Petitioner will give an undertaking that she will receive the police papers on the given date and be present on date fixed for charge and if she fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. (v) That the Petitioner will be well represented on each date and if she fails to do so on two consecutive dates, her bail will be liable to be cancelled.
(Anjana Prakash, J.)
Vikash/-
2 issues framed by the court
Whether the petitioner, a lady, can be released on anticipatory bail apprehending arrest in a case under Section 420 IPC and Section 7 of E.C. Act
What conditions should be imposed for granting anticipatory bail to the petitioner in the instance case
3 provisions across 3 enactments
Malti Devi W/o Lal Bahadur Sah
The State of Bihar
Anjana Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
