Patna High Court - Orders
Madhuri Kumari vs The State Of Bihar on 25 September, 2023
Author: Rajesh Kumar Verma
Bench: Rajesh Kumar Verma
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17988 of 2023
Arising Out of PS. Case No.-864 Year-2022 Thana- LAKHISARAI District- Lakhisarai
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Madhuri Kumari Wife Of Ghanshiyam Prasad Verma, Daughter of Madan
Prasad Verma, Resident of Village- Bhallera, P.S.- Pakribrawan, District-
Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Md. Kamaluddin, Advocate
For the Opposite Party/s : Mr. Md. Ataur Rahman, APP
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 25-09-2023Heard learned counsel for the petitioner and learned APP for the State.
2. Petitioner seeks bail, who is in custody since 25.10.2022, in connection with Lakhisarai P.S. Case No. 864 of 2022, F.I.R. dated 24.10.2022 registered for the offences punishable under Sections 420, 467, 468, 471, 120B, 489A, 489B, 489C, 489D, 489E of the Indian Penal Code.
3. The prosecution case, in short, is that on the basis of secret information the informant conducted a raid in Akash Hotel and they have caught the petitioner and one co-accused Manish Singh red handed while they were having counterfeited currency notes.
4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and she has been falsely Patna High Court CR. MISC. No.17988 of 2023(3) dt.25-09-2023 2/4 implicated in the present case. He further submits that as per allegation in the F.I.R. the petitioner was arrested along with co- accused person namely Manish Singh with counterfeited notes. Learned counsel for the petitioner further submits that the allegation as alleged in the F.I.R. is false and fabricated and without FSL report, the police has filed the chargesheet against the petitioner and another co-accused person and there is non compliance of Section 100 of the Cr. P.C. He further submits that from perusal of the F.I.R. it appears that there was a recovery of printing material of counterfeited currency notes as well as sufficient number of counterfeited currency notes and co-accused person who was apprehended along with the petitioner namely Manish Singh has been granted bail by this Court vide order dated 05.07.2023 passed in Cr. Misc. No. 315 of 2023. He further submits that the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 25.10.2022.
5. The learned Additional Public Prosecutor for the State, on the other hand, vehemently opposed the prayer for bail of the petitioner and submits that the FSL report confirms that the recovered notes is counterfeit notes.
6. Considering the facts and circumstances of the Patna High Court CR. MISC. No.17988 of 2023(3) dt.25-09-2023 3/4 case and co-accused person namely Manish Singh against whom the similar allegation has been granted bail by this Court, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai P.S. Case No. 864 of 2022, subject to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on her absence on two consecutive dates without sufficient reason, her bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.
(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed her criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order Patna High Court CR. MISC. No.17988 of 2023(3) dt.25-09-2023 4/4 shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Ibrar//-
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