Sunita Tiwari v. The State Of Bihar And ANR.

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15409 of 2019 Arising Out of PS. Case No.-650 Year-2017 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== SUNITA TIWARI Wife of Sri Saurabh Kumar Mishra and Daughter of Sri Uma Shankar Tiwari, Resident of Village-Binodpur Near Samudaik Bhawan, P.O and P.S-Katihar, District-Katihar the then Child Development Project Officer (CDPO), Chanpatiya Block, P.S-Chanpatiya, District-West Champaran at Bettiah (Bihar), at present Child Development Project Officer, Shahpur Block, District-Bhojpur (Bihar).

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Nagama Khatoon Wife of Khurshid Alam, Resident of village-Charadwali, Ward No.11, Panchayat-Bakulahar, Block-Chanpatiya,P.S-Gopalpur, District-West Champaran at Bettiah (Bihar) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Narayan Mishra For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 13-03-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Bettiah Complaint Case No. 650(C) of 2017, Tr. No. 507 of 2018 registered for offence punishable under sections 420, 406, 467, 471, 120(B)/34 of the Indian Penal Code. Allegation has been made that the petitioner has committed illegality in the matter of selection of Anganwari Sevika in which one Jarina Khatoon has been appointed as Anganwari Sevika and on that account. the present case has been lodged. The issue with regard to entitlement and recruitment

Patna High Court CR. MISC. No.15409 of 2019(2) dt.13-03-2019 2/2 would be decided in a proceeding relating to the service matter and prima facie it appears that it is a service dispute with regard to the selection of the candidate belongs to the minority. Looking to the facts and circumstances of the case, the prayer for bail of the petitioner is allowed and she, in the event of arrest or surrender before the court below within six weeks from today, is directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah Complaint Case No. 650(C) of 2017, Tr. No. 507 of 2018, subject to the conditions as laid down under section 438 Cr.

PC and also subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. The petitioner will not induce any witness or tamper with the evidence. The petitioner shall cooperate in the disposal of trial and make herself available as and when required by the court.