Puja Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4167 of 2024 Arising Out of PS. Case No.-78 Year-2023 Thana- HILSA District- Nalanda ====================================================== Puja Kumari DAUGHTER OF UPENDRA KUMAR Resident of village -Dhoranga Ps -Hulasganj District -Jehanabad ... ... Petitioner/s

Versus

The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar Arun For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-02-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends her arrest in connection with Hilsa PS Case No. 78 of 2023 registered for the offences punishable under Sections 419, 420 and 120B of the Indian Penal Code and Section 10 of the Bihar Conduct of Examination Act, 1981.

3.

Learned counsel for the petitioner submits that petitioner is a woman and she is a person with clean antecedent. It is next submitted that the petitioner came to be implicated in the instant FIR with an allegation that petitioner was found appearing in the examination on behalf of Bina Kumari. The learned counsel next submits that the petitioner was granted police bail but later the police after investigation submitted charge-sheet based on which cognizance has been taken by order dated 28-8-2023.

Patna High Court CR. MISC. No.4167 of 2024(2) dt.15-02-2024 2/2 4.

The learned APP submits that since petitioner was on police bail, as such the petitioner should go and surrender in terms of the judgment of this court in the case of Mahendra Pratap Singh Vs. the State of Bihar reported in 2004 (3) PLJR 491, Sheo Chandra Singh Vs. the State of Bihar reported in 2007 (4) BBCJ V-66 and Jagnarayan Yadav and Ors. Vs. the State of Bihar, reported in 2010 (2) PLJR 684 wherein this court has clearly laid that once an accused is on police bail and charge-sheet comes to be submitted then what steps have to be taken by the learned trial court.

5.

In view of the submission made by the learned APP, the present anticipatory bail application is disposed of with a direction to the petitioner to surrender before the learned trial court on or before 4-3-2024 and the learned trial court shall on the same day dispose of the application keeping in mind the law enunciated by this court as recorded hereinabove. (Satyavrat Verma, J) SUMIT/- U T