IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2854 of 2010 SMT. SHEEMA YADAV,wife of Sri Anjan Kumar Rai,resident of Mohalla-L.C.T.Ghat, Mainpura, Radha Bhawan,P.S.-Patliputra, District-Patna. Versus 1. THE STATE OF BIHAR 2. Mosrat Khatoon,wife of Md.Aslam,resident of village-Safipur,P.S.-Khusrupur, District-Patna. ----------- 02/ 06-04-2010 Heard Mr. Raj Kumar, learned counsel appearing for the petitioner and Mr. Dashrath Mehta, learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Complaint case No.238 of 2009, pending in the court of Sri Rajeev Kumar, Judicial Magistrate, Ist Class, Patna City, in which cognizance has been taken under Sections 467 and 468 of the Indian Penal Code. According to prosecution case, husband of the complainant had met an accident with an Auto-rickshaw belonging to this petitioner, as a result of which he died and for that a separate case under Sections 279 and 304A of the Penal Code was instituted vide Annexure-3. Of course, in that case petitioner is not specifically named as an accused; rather driver of the aforesaid Auto-rickshaw has been made accused. It is alleged that subsequently, petitioner by producing some forged insurance paper got the aforesaid Auto-rickshaw released in her favour and, therefore, the complainant may not be getting any accidental claim under the provisions of the M.V. Act. It is apparent that even if petitioner had produced some forged insurance paper, then in that case the Insurance Company may not be liable to make payment 2 to the complainant under the provisions of the M.V.Act, but if the petitioner is the owner of the vehicle in question, then in that case petitioner as also driver of the vehicle shall be responsible for payment of accidental claim. In that view of the matter, in the event of arrest/surrender within a period of four weeks from today in the above noted case, the above named petitioner shall 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 Sri Rajeev Kumar, Judicial Magistrate, Ist Class, Patna City, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Birendra Prasad Verma, J.)