Ashalata @ Pankaj Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38032 of 2015 Arising Out of PS.Case No. -57 Year- 2015 Thana -DARIYAPUR District- SARAN ===================================== Ashalata @ Pankaj Sinha, Wife of Devendra Prasad @ Baijnath Prasad, resident of Village + Post Office - Nahu, Police Station - Rajgir, District - Nalanda at Bihar Sharif, At present residing at Mohalla - Purandarpur, Patna, Post Office - GPO, Police Station - Jakkanpur, District - Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj, Adv. For the Opposite Party/s : Mr. R.P.S Singh, A.P.P. ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-09-2015 Heard the parties.

This application for grant of anticipatory bail arises out of Dariyapur P.S. Case No.57 of 2015, disclosing offences under Sections 420, 467, 468 and 471/34 of the Indian Penal Code.

The petitioner is a lady and the allegation against her is that she secured appointment as Auxiliary Nurse Midwife on the basis of forged certificate. Learned counsel, appearing on behalf of the petitioner, submits that the petitioner relied upon the said certificate, after having undergone training, under bonafide belief that it has been genuinely issued by local institution in question.

Patna High Court Cr.Misc. No.38032 of 2015 (2) dt.18-09-2015 2/2 Be that as it may be, I am of the view that the petitioner is a lady and there is no chance of her, tampering with the evidence or absconding from the course of investigation or trial. This application is, accordingly, allowed. Let the petitioner, abovenamed, in the event of her arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Saran at Chapra in connection with Dariyapur P.S.

Case No.57 of (corresponding to G.R. No.1082 of 2015), subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present herself before the police/Court, as the case may be, as and when required and in the event of failure on her part to appear before the Court on two consecutive occasions, her bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Praveen-II/- U T