Smt. Babita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16986 of 2017 Arising Out of PS.Case No. -198 Year- 2016 Thana -BABUBARHI District- MADHUBANI ======================================================

1. Smt. Babita Devi, Wife of Sri Shatrughan Das, Resident of VillageMadandove, P.S.- Babubarhi, District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Jha For the Opposite Party/s : Mr. Sri Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15-05-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends her arrest in a case registered under Sections 419, 420 of the Indian Penal Code. It is alleged against the petitioner that she got appointment as Sewika in Babubarhi Block on the basis of fabricated certificate.

Learned counsel for the petitioner has submitted that on such allegation she has been removed from service and also FIR has been ordered to be lodged against her, vide Annexure 2. It is also submitted that she has challenged the aforesaid order before this Hon'ble Court in CWJC No.14867 of 2011, which is pending and the respondent has been directed to file counter affidavit. That order has been annexed as Annexure 3 to this application. It is submitted that from Annexure 5, it is evident that the certificate has been issued by Bihar Sanskrit Shiksha Board,

Patna High Court Cr.Misc. No.16986 of 2017 (2) dt.15-05-2017 2/2 Patna.

Considering the aforesaid the facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is allowed. Let, above named petitioner, in the event of her arrest/surrender in the court below within six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani in connection with Babubarhi P.S.Case No. 198 of 2016, arising out of G.R.No. 2503/2016, subject to the conditions as laid down u/s 438(2) Cr.P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bonds of the petitioner and (3) if petitioner tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) singh/- U T