Kiran Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20952 of 2019 Arising Out of PS. Case No.-63 Year-2018 Thana- BALUA BAZAR DistrictSupaul ====================================================== Kiran Devi, female, aged about 32 years, W/o Vinod Mandal R/o VillageBalua Bazar, P.O.- Balua Bazar, P.S.- Balua Bazar, District- Supaul ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Kumar Goutam, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest for the offences alleged under Sections 409, 420, 463, 471 of the Indian Penal Code registered in connection with Balua Bazar P.S. Case No. 63 of 2018.

3. It is submitted that the petitioner has been falsely implicated and the petitioner was under bona fide belief that her certificate on the basis of which she was granted appointment was genuine. In any event the services of the petitioner have since been disengaged. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on provisional bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Supaul in connection with Balua Bazar P.S. Case No.

Patna High Court CR. MISC. No.20952 of 2019(2) dt.04-04-2019 2/2 63 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make herself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, her bail bond shall be liable to be cancelled by the learned Court concerned.

5. The provisional bail shall be confirmed upon verification that the petitioner has been disengaged from service.

6. The State shall be at liberty to take steps for recovery of the salary already drawn by the petitioner during his employment as Anganbari Sevika.

(Vikash Jain, J) Ibrar/Chandran U T