Malti Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10243 of 2023 Arising Out of PS. Case No.-549 Year-2021 Thana- PIRBAHOR District- Patna ====================================================== MALTI ROY W/O MD. ZAFAR AHSAN R/o- China Kothi, North Mandiri, P.S.- Buddha Colony, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shadab Akhter For the Opposite Party/s :

Mr. Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-06-2023 Learned APP for the State filed a counter affidavit in the present case.

Let it be kept on the record.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending her arrest in a case registered for the offence punishable under Sections 406 and 409/34 of the Indian Penal Code pending in the learned court below.

As per the prosecution case, police has seized a large number of HIV protective kits and disposable gowns which are 11,000/- pieces and 21,500/- pieces respectively. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this

Patna High Court CR. MISC. No.10243 of 2023(3) dt.22-06-2023 2/3 case. He further submits that petitioner is a grade A nurse of P.M.C.H. and she retired from the service on 31.052021 and after retirement the pension and others payments were made to the petitioner on the basis of no dues certificate issued by the concerned department. He submits that the seized material belongs to the PMCH and therefore, a three man committee was set up by the Superintendent of PMCH and it is found that during the time the petitioner was working as an incharge of the said ward and the said material was removed from the ward. He further submits that during the inquiry, notice has been issued to the petitioner but without hearing the petitioner, the said order was passed and held that the petitioner guilty in this case and this fact has also not been denied by learned APP for the State. He submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances and the fact that without hearing the petitioner the inquiry report was submitted by the committee, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/-

Patna High Court CR. MISC. No.10243 of 2023(3) dt.22-06-2023 3/3 (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Pirbahore P.S. Case No.549/2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T