Maushmi Kumari Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20289 of 2020 Arising Out of PS. Case No.-422 Year-2019 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Maushmi Kumari Mishra, D/o Raju Kumar Mishra Resident of VillageSapahi, P.S.-Turkauliya, District-East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dilip Kumar Tondon- Advocate For the Opposite Party/s :

Mr. Ajay Mishra- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 25-08-2020 Heard learned counsel appearing for the petitioner as well as learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner apprehends his arrest in connection with Muffasil P. S. Case No.422 of 2019 registered for the offences punishable under Sections 420, 467, 468, 471 of the I.P.C.

The office has pointed out that there is some anomaly regarding the relation of petitioner with deponent in the affidavit filed by the deponent.

Learned counsel for the petitioner submits that as a matter of fact, the deponent happens to be brother-in-law

Patna High Court CR. MISC. No.20289 of 2020(2) dt.25-08-2020 2/3 of the petitioner, but inadvertently in affidavit, it has been mentioned that the deponent is sister-in-law of the petitioner and, therefore, the aforesaid defect may be ignored. Learned counsel for the petitioner further submits that the allegation against petitioner is that she got appointment of teacher by placing forged and fabricated document, but having similar allegation several other persons, against whom separate cases were lodged, have already been granted privilege of anticipatory bail by different Benches of this Court.

On the other hand, learned Additional Public Prosecutor opposed the prayer.

The defect, as pointed by the office, be ignored and having considered the above stated submission, particularly taking note of this fact that petitioner happens to be unmarried girl and having similar allegation several other persons, against whom separate cases were lodged, have already been granted privilege of anticipatory bail, let petitioner, in the event of her arrest/ surrender within six weeks from the date of receipt of this order to the Court concerned, shall be released on bail on furnishing bail

Patna High Court CR. MISC. No.20289 of 2020(2) dt.25-08-2020 3/3 bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Muffasil P. S. Case No.422 of 2019, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) vikash/- U T