Anita Devi v. the State of Bihar
Case brief
What is this about?
In anticipatory bail application under CrPC Section 414 arising out of Cheque bounce and forgery allegations, the Patna High Court rejected the prayer. The court noted specific allegations that the petitioner withdrew funds via a forged joint signature. Due to these specific allegations, the court was not inclined to extend bail privilege.
What did the court decide?
Prayer for anticipatory bail stood rejected.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 75187 of 2019
Arising Out of PS. Case No.-50 Year-2019 Thana- NIMCHAKBATHANI District- Gaya
======================================================
Anita Devi aged about 26 years Female W/o Mahendra Choudhary R/o village- Sindh, P.S.- Neemchak Bathani, District- Gaya
... ... Petitioner/s
Versus
- The State of Bihar
- Santosh Kumar Male, aged about 30 years S/o Munni Prasad R/o villageBhinak Bigha, P.S.- Neemchak Bathani, District- Gaya
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
- 14-02-2020 Heard learned counsel for the parties.
Issues for consideration
2 issues framed by the court
Whether anticipatory bail should be granted where the petitioner is specifically accused of forgery of a wholly offtake signature on a cheque.
Whether the specific allegation of forged signature precludes the grant of anticipatory bail under Section 438 CrPC.
Parties & counsel
- petitioner
Anita Devi
- respondent
The State of Bihar
- respondent
Santosh Kumar
Coram
Case details
As recorded by the court registry
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