High Court Jharkhand High Court

Nilam Mishra vs State Of Jharkhand & Anr on 24 June, 2011

Jharkhand High Court
Nilam Mishra vs State Of Jharkhand & Anr on 24 June, 2011
                   IN THE HIGH COURT OF JHARKHAND, RANCHI
                              A.B.A. No. 215 of 2011

         Nilam Mishra                               .....   Petitioner
                                   Versus
         The State of Jharkhand & others            ....      Opposite Parties

         CORAM:          HON'BLE MR. JUSTICE H.C. MISHRA

         For the Petitioner          :     Mr. Kailash Prasad Deo
         For the State               :     A. P.P.
                                     -----
2/24.6.2011

Heard the learned counsel for the petitioner and learned counsel for the
Prosecution.

The petitioner is apprehending her arrest in connection with C/1 Case
No.789 of 2008, for the alleged offences under Section 420, 406 and 34 of the
Indian Penal Code.

This case was instituted on the basis of the complaint filed by one Jitesh
Kumar whose shop is situated at Jamshedpur. It is alleged that accused persons
introduced themselves as partners of the firm, namely Dhurwa Marketing and took
away some products on credit from the shop of the complainant on the pretext that
after the sale of the products, they will account for the same, but subsequently,
neither products were returned nor the products were accounted for.

Learned counsel for the petitioner submitted that petitioner is falsely
implicated in this case. It is pointed out that this court has granted anticipatory bail
to the co-accused Arun Kumar Mishra in A.B.A. No.589 of 2011 vide order dated
20.6.2011 and the other co-accused has been granted anticipatory bail by the
court below.

In the facts and circumstances of the case, I am inclined to release the
petitioner on anticipatory bail. Accordingly, it is directed that in the event of
surrender/arrest, the petitioner Nilam Mishra shall be released on bail on
furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like
amount of each to the satisfaction of learned Judicial Magistrate, 1st Class,
Jamshedpur, in connection with C/1 Case No.789 of 2008, subject to the condition
as laid down under Section 438(2) of the Code of Criminal Procedure.

(H. C. Mishra, J)
R.Kumar