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Patna High CourtCR. MISC./15415/2019bail granted

Nitu Shrivastava @ Neetu Srivastawa And ANR v. The State Of Bihar

2019-03-12Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15415 of 2019 Arising Out of PS. Case No.-241 Year-2018 Thana- DURAULI District- Siwan ====================================================== 1.

NITU SHRIVASTAVA @ NEETU SRIVASTAWA, aged about 38 years, gender Female, W/o Shri Brajesh Shrivastava @ Brajesh Srivastawa 2.

Brajesh Shrivastava @ Brajesh Srivastawa, aged about 42 years, GenderMale, Son of Udaybhan Lal Shrivastava. Both are Resident of Village- Dumarahar Bujurg, P.S.- Darauli, DistrictSiwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Babita Kumari, Adv.

For the Opposite Party/s :

Mr.Usha Kumari 1 (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-03-2019 Heard learned counsel for petitioners and learned counsel for the State.

Petitioners, who are in custody, seek bail in registered for the offences punishable under Sections 420, 467, 468, 471, 120(B), 504, 506 of the Indian Penal code and Section 3(1)(r), 3(2)(va) of SC/ St Act.

Complainant has filed a case that petitioner no.1 changed her name and date of birth in order to get appointed as Anganwadi Sevika in collusion with other accused . Her date of birth in matriculation certificate was 05.07.1980 whereas subsequently she appeared in the matriculation examination in which her date of birth has been recorded as 05.01.1993 as such

Patna High Court CR. MISC. No.15415 of 2019(2) dt.12-03-2019 2/3 she has committed forgery in order to get appointed on the post of Anganwadi Sevika in connivance with petitioner no.2. It has been submitted on behalf of the petitioners that they are innocent and have not committed any forgery. Petitioners have no criminal antecedent and are in custody since 13.01.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Darauli P.S. Case No. 241 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and their absence on two consecutive dates without sufficient reasons, their bail bond shall be cancelled by the court below.

(3) If the petitioners tampers with the evidence or the

Patna High Court CR. MISC. No.15415 of 2019(2) dt.12-03-2019 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(S. Kumar, J) Rajiv/- U T