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Patna High CourtCR. MISC./35292/2017bail granted

Roji Kumari And ORS v. State Of Bihar And ANR

2017-08-11Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35292 of 2017 Arising Out of PS.Case No. -169 Year- 2016 Thana -SHAMBHUGANJ District- BANKA ======================================================

1. Roji Kumari, W/o Kamlesh Kumar, D/o Dashrath Sah, R/o VillageNayagawn , Police Station- Parbatta, District- Khagaria.

2. Banti Kumar Son of Sudhir Choudhari, R/o Village- Sonwarsha, P.S.- Bihpur, District- Bhagalpur.

3. Brajesh Kumar, Son of Yogendra Prasad, R/o Village- Arsandih, P.S.- Bihpur, District- Bhagalpur.

.... .... Petitioners

Versus

1. The State of Bihar.

2. The Inspector of Police , Vigilance Investigation Bureau, Camp Banka, District- Banka.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Rakesh Kumar, Advocate For the Opposite Parties : Mr. Ramakant Sharma (L.O,I/C Vigi) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-08-2017 Heard learned counsel for the petitioners and learned counsel representing the State.

The petitioners apprehend their arrest in connection with Sambhuganj P.S. Case No. 169 of 2016, registered for the offences punishable under Sections 420, 467, 468, 471, 120(B)/34 of the Indian Penal Code.

The petitioners are working as Block Teacher. They have been made accused with the allegation that the documents, which they had produced at the time of their appointment were forged.

Submission is of false implication and that no

Patna High Court Cr.Misc. No.35292 of 2017 (4) dt.11-08-2017 2/2 documents which the petitioners had produced at the time of appointment are forged and they are ready to present themselves before the police or the Court, as and when required, for investigation. In this case under the similar circumstances Mukesh Paswan and Punam Devi have been allowed pre-arrest bal vide Cr. Misc. No. 24723 of 2017 and Cr. Misc. No. 25638 of 2017 by another co-ordinate bench of this Court and, as such, the petitioners deserve sympathetic consideration. The learned A.P.P. is not in a position to distinguish the case of the petitioners from those co-accused.

In the facts and circumstances as stated above, the petitioners in the event of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Banka, in connection with Sambhuganj P.S. Case No. 169 of 2016, subject to the conditions as laid down in section 438(2) of the Cr.P.C. (Jitendra Mohan Sharma, J.)