The Patna High Court granted anticipatory bail to two female petitioners apprehending arrest in a case involving alleged forgery and cheating, directing surrender within four weeks.
Leave to be released on bail in event of arrest or surrender within four weeks by furnishing bail bond of Rs. 10,000 each with two sureties.
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.39489 of 2015
Arising out of PS.Case No. -9 Year- 2015 Thana -RAGHUNATHPUR District- SIWAN ====================================================== 1. Pinki Kumari, wife of Nikesh Kumar, R/o Village + P.O. - Baliya, P.S. - Maharajganj, District - Siwan. 2. Anita Kumari, wife of Pinku Kumar, R/o Village - Udaini, P.O. - Mithan Chowk, P.S. - Gopalpur, District - Patna. .... .... Petitioners Versus The State of Bihar. .... .... Opposite Party ====================================================== Appearance : For the Petitioners : Mr. Bijay Prakash Singh For the Opposite Party : Mr. Anita Kumari Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 2 29-09-2015 Heard learned counsel for the petitioners and learned counsel for the State The petitioners are apprehending their arrest in connection with Raghunathpur P.S. Case No. 09 of 2015 for the offences instituted under Sections 420, 465, 468 and 471/34 of the IPC. The prosecution story, in brief, is that the main allegation against these petitioners is of getting the service of A.N.M. in Health Department by using forged certificates.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. It is further submitted that the petitioners are ladies. The petitioners have been made
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accused in the present case due to mistake of fact. Other coaccused has been granted anticipatory bail by this Court vide Cr. Misc. No. 27852/2015.
On behalf of the State it has been submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of four weeks from today in connection with Raghunathpur P.S. Case No. 09/2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., J.M. Ist Class, Siwan, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./U T
(Sudhir Singh, J)
2 issues framed by the court
Whether the petitioners should be granted release on bail pending trial in a case alleging forgery and cheating.
Whether the fact that petitioners are women and have no criminal antecedents warrants release on bail.
1 provisions across 1 enactments
Pinki Kumari
Anita Kumari
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
