The High Court granted anticipatory bail to petitioner Mamta Devi in connection with PS Case 239/2019 involving Sections 385, 420, 504, and 506 IPC, directing her surrender within four weeks.
Release on bail subject to surrender/arrest within four weeks on furnishing bond of Rs. 10,000 with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31554 of 2020
Arising Out of PS. Case No.-239 Year-2019 Thana- PATORI District- Samastipur
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MAMTA DEVI Wife of Rajeshwar Sah Resident of Village - Lodipur Dhir, P.S.- Patori, District - Samastipur at present ward member of Gram Panchayat Raj Fateipur Chaksahi ward no. 13
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Vinay Kumar Mishra For the Opposite Party/s : Mr. APP ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
3 08-03-2021
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner apprehends her arrest in connection with Patori P.S. Case No. 239/2019 registered for the offences punishable under Sections 385/420/504/506 read with 34 of the Indian Penal Code.
As per the prosecution case, B.D.O., Patori, Panchayat Sevak Chaksaho and Junior Engineer called the informant in the house of B.D.O., Patori and forcibly took signature on the cheque No. 27110 dated 08.12.2018 for a sum of Rs. 3,20,000/in favour of this petitioner.
It is submitted on behalf of the petitioner that from bare perusal of the FIR itself, it is evident that the entire allegation of demand of bribery and taking signature of the informant
Patna High Court CR. MISC. No.31554 of 2020(3) dt.08-03-2021 2/2
has been made against all the three officials mentioned in the FIR. So far as this petitioner is concerned, she is simply a Ward Member of Ward No. 13 and the aforesaid alleged work was being done in Ward No. 12 and has got no concern. Petitioner is a lady having no criminal antecedent.
Considering the nature of allegation alleged in the FIR, it is apparent that the entire allegation of taking bribe is against three officials not this petitioner, let the petitioner above named be released on bail, in the event of her arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate IV, Samastipur, in connection with Patori P.S. Case No. 239 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Prabhat Kumar Singh, J)
Saif/-
U T
2 issues framed by the court
Whether the petitioner should be released on anticipatory bail given the nature of allegations and lack of connection to the alleged offence.
Whether the conditions for release on bail should include a specific time limit for surrender or arrest.
Mamta Devi
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
