Pushpa Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8703 of 2020 Arising Out of PS. Case No.-229 Year-2018 Thana- BIHARSHARIF District- Nalanda ====================================================== Pushpa Kumari Wife of Ramnaresh Prasad Resident of Village - Jalalpur, P.S.- Warsaliganj, District- Nawada ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Krishna Narayan Jha, Adv.

Mr.Prashant Kumar, Adv.

Mr. Shri Nath Pathak, Adv.

Mr.Girish Chandra Jha, Adv.

For the Opposite Party :

Mrs.Nirmala Kumari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-02-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner apprehends his arrest in connection with Bihar P.S. Case No. 229 of 2018 for the offence punishable under Sections 419, 420, 467, 468, 471 and 120 (B) of the Indian Penal Code.

The allegation is regarding the accused persons having forged signatures of the previous members of the society, who are dead in order to obtain illegal gains. The learned counsel for the petitioner has submitted that the petitioner, is innocent and is having a clean antecedent and when the document was sent to the Registrar of the society for approval, all the members were alive. It is further

Patna High Court CR. MISC. No.8703 of 2020(2) dt.28-02-2020 2/2 submitted that exactly similarly situated co-accused person, namely, Dr. Kumari Padma has already been granted the privilege of anticipatory bail by a co-ordinate Bench of this Court vide order dated 21.12.2018 passed in Criminal Miscellaneous No. 61308 of 2018.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the parity of the case of the petitioner with that of the co-accused, namely, Dr. Kumari Padma, who has already been granted anticipatory bail by a co-ordinate Bench of this Court, this Court deems it fit and proper to direct for release of the petitioner on anticipatory bail. Accordingly, in the event of arrest or surrender in the court below within a period of four weeks from today, the petitioner above named is directed to be released on anticipatory bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Biharsharif, (Nalanda) with Bihar P.S. Case No. 229 of 2018, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) K.K.RAO/- U T