Sharda Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15413 of 2019 Arising Out of PS. Case No.-236 Year-2018 Thana- GANDHIMAIDAN District- Patna ====================================================== SHARDA DEVI, Wife of Tinku Das, Resident of - Mithapur, B Area, PSJakanpur, Distt - Patna. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Amresh Kumar Sinha with Mr. Shashi Bhushan Singh, Advocates For the Opposite Party/s :
Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-06-2019 Petitioner seeks bail in anticipation of her arrest in connection with Gandhi Maidan P.S. Case No. 236 of 2018 registered for the offences punishable under Sections 467, 468, 471, 472, 419 and 420 of the Indian Penal Code. This case has been lodged on the direction of the Election Commission that petitioner, who was a candidate for Ward Counselor, has submitted a wrong date of birth, as such it has been directed to lodge a case against her. Submission of learned counsel for the petitioner is that the aforesaid order of the Election Commission has been set aside by a co-ordinate Bench of this Court vide judgment dated 5.4.2019 passed in CWJC No. 7884 of 2018 and as such the very basis of initiation of FIR has been quashed and petitioner
Patna High Court CR. MISC. No.15413 of 2019(3) dt.17-06-2019 2/2 deserves bail.
Heard learned APP also.
In view of above facts and circumstances, let petitioner, in the event of arrest or surrender before the court below within a period of six weeks from the receipt of this order, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-XVII, Patna, in connection with Gandhi Maidan P.S.Case No. 236 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned.
(Vinod Kumar Sinha, J) spal/- U T