Bandana Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17356 of 2023 Arising Out of PS. Case No.-260 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== BANDANA KUMARI W/O- SANTOSH KUMAR Resident of Babu Chakla Ps- Pasraha Dist- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mrityunjay Kumar, Adv.
For the Opposite Party/s :
Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-05-2023 Heard Mr. Mrityunjay Kumar, learned counsel for the petitioner and Mr. Shahabuddin Azeem @ S. Azeem, learned Additional Public Prosecutor for the State.
2. Petitioner apprehends his arrest in connection with Khagaria PS Case No. 260/2022 dated 27.03.2022 registered for the offence punishable under Sections 420 of the IPC and Section 10 of the Bihar Examination Control Act 1981.
3. As per allegation, made in the FIR lodged by Principal-cum-Centre Superintendent of J.N.K.T Inter School, Khagaria, on 27.03.2022 during examination of Central Selection Board (Police recruitment), 2022 in Room Nos.12, 13 and 20, three examinees, namely, Raushan Kumar, Rituraj and Amit Kumar Singh respectively were caught with Bluetooth devices with SIMs. Name of the petitioner has transpired during course of investigation on the ground that the SIM which was
Patna High Court CR. MISC. No.17356 of 2023(2) dt.30-05-2023 2/3 being used by the co-accused, Rakesh Ranjan was standing in the name of the petitioner.
4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case mainly on the basis of the fact that the SIM in question was issued in her name. The petitioner is not aware as to how the SIM was obtained by the co-accused in her name and from the material available on record, it would be evident that the name of coaccused Rakesh Ranjan transpired during course of investigation that he was talking with examinees who were caught with the Bluetooth during course of examination. Coaccused, Rakesh Ranjan has been granted anticipatory bail by the Sessions Judge, Khagaria himself vide Annexure-2 of this application. The petitioner is not named in the FIR and she is a lady having no criminal antecedent.
5. Regards being had to the submissions made by the parties, taking into consideration the fact that co-accused, Rakesh Ranjan has been granted bail by the learned Sessions Judge (Annexure-2) and the petitioner is a lady having no criminal antecedent, I am inclined to grant anticipatory bail to the petitioner.
6. Accordingly, let the petitioner, named above, in the
Patna High Court CR. MISC. No.17356 of 2023(2) dt.30-05-2023 3/3 event of arrest or surrender within four weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Mr. Anurag, learned Judicial Magistrate 1st Class, Khagaria/the court concerned in connection with Khagaria PS Case No. 260/2022, subject to the condition as laid down under Section 438(2) CrPC.
(Anil Kumar Sinha, J) perwez U T