Kumari Latika @ Latika Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6000 of 2019 Arising Out of PS. Case No.-275 Year-2017 Thana- RIVILGANJ District- Saran ====================================================== KUMARI LATIKA @ LATIKA KUMARI Manish Kumar Singh Resident of Village- Sitab Diara, Gariba Tola, P.S.- Rivilganj, Distt.- Chapra, Saran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumari Rashmi For the Opposite Party/s :

Mr.Ajay Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-02-2019 Heard learned counsels for the parties.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 420,467,468 and 471/34 of the IPC.

The prosecution case is that the petitioner was appointed as Panchayat Teacher by Tarkeshwar Gond, Panchayat Mukhia and Ram Nath Choudhary, Panchayat Sevak of Panchayat Raj, Sitabdiyara even without her having participated in the counselling. It is further alleged that the petitioner was appointed ignoring the claim of other candidates. It is further submitted that the appointment was made in 2006 but the FIR has been registered in 2017. The appointment of the petitioner was challenged before this Court in a writ proceeding and this Court directed to terminate the service of

Patna High Court Cr.Misc. No.6000 of 2019(2) dt.04-02-2019 2/2 the petitioner but the said order has not yet been complied with. Learned APP and learned counsel for the informant submit that the appointment of the petitioner was found illegal by this Court in a writ proceeding.

Considering the fact that the question of legality or illegality of appointment is/was under consideration in a writ proceeding, moreover, the FIR has been registered after eleven years, coupled with the fact that petitioner is a lady, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM VIII, Saran at Chapra in connection with Rivilganj P.S. Case No. 275 of 2017 subject to the conditions laid down in Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) anil/- U