Rojvina Khatoon @ Rijvina Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10498 of 2023 Arising Out of PS. Case No.-33 Year-2014 Thana- PURUSHOTTAMPUR District- West Champaran ====================================================== Rojvina Khatoon @ Rijvina Khatoon, aged about 40 years, Female, Wife of Bada Neshar @ Nesar Ahmad R/O Village - Bedihari, P.S.- Purushottampur, District - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Ajay Mishra, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 05-05-2023 Heard Mr. Bimlesh Kumar Pandey, learned counsel appearing on behalf of the petitioner and Mr. Ajay Mishra, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Purushottampur P.S. Case No. 33 of 2014 registered for the offence punishable under Sections 406 and 420 of the Indian Penal Code.
3. Allegation against the petitioner, who is Mukhiya and Chairman of Selection Committee of the Gram Panchayat, namely, Laxmipur Gram Panchayat, District- West Champaran is that he has selected candidates against the circular of the government. The petitioner admits that candidate was not 40% disable and selected an illegible panchayat teacher in
Patna High Court CR. MISC. No.10498 of 2023(3) dt.05-05-2023 2/3 handicapped category. He submitted that petitioner was not aware of the circular. The Committee was responsible to know about selection procedure and reservation policy. Petitioner has clean antecedent.
4. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
5. Considering the allegation made by the Block Development Officer, Block- Mainatand appears to be vested with his personal interest ignoring to have recorded violation of any terms and conditions of the circular of the government. The aggrieved party have remedy before the District TRT. Draging the petitioner in criminal case for having not fulfilled the eligibility criteria for selection in handicapped category is unwarranted. The FIR is devoid of any overt act to have been committed by the petitioner. I am of the opinion that petitioner has prima facie made out a case to be released on bail.
6. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 4th, Bettiah, West Champaran in
Patna High Court CR. MISC. No.10498 of 2023(3) dt.05-05-2023 3/3 connection with Purushottampur P.S. Case No. 33 of 2014, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Purnendu Singh, J) Niraj/- U T