Asha Kumari @ Smt. Asha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25604 of 2019 Arising Out of PS. Case No.-13 Year-2018 Thana- DIGHALBANK District- Kishanganj ====================================================== 1.

Asha Kumari @ Smt. Asha Kumari Wife of Late Rajesh Kumar Singh Resident of Village - Mirhatti, P.S.- Sultanganj, District - Bhagalpur, Presently Residing at Village - Harwadanga, P.S.- Dighal Bank, District - Kishanganj.

2.

Shanti Devi @ Shanti Kumari @ Smt. Shanti Kumari wife of Shyam Prasad Resident of Village - Nathnagar, P.S.- Nathnagar, District - Bhagalpur, Presently Resident at Village - Tarwari, P.S.- Garbhandanga, District - Kishanganj.

3.

Sumitra Kumari @ Smt. Sumitra Kumari @ Sumitra Devi Wife of Rajendra Mandal Resident of Village - Bariyarpur, P.S.- Bariyarpur, District - Munger, Presently Residing at Village - Tulsya, P.S.- Dighal Bank, District - Kishanganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gopal Prasad Roy For the Opposite Party/s :

Mr. Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 26-04-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in connection with Dighal Bank P.S. Case No. 13 of 2018 registered for the offence punishable under Sections 409, 419, 420, 467 and 468 of the Indian Penal Code.

Petitioners are said to have obtained the job of A.N.M. in the year of 1986 on the basis of forged certificate and

Patna High Court CR. MISC. No.25604 of 2019(2) dt.26-04-2019 2/3 withdrew salary causing loss of revenue to the State. It is submitted by learned counsel for the petitioners that the petitioners submitted all the documents to the authorities preceding to the service and after verification of the aforesaid documents, they were allowed to join. Subsequently, in the year 1994, the C.S. vide letter no. 504 dated 5.02.1994 again after verification of the documents of the petitioners, directed to make payment of salary of the petitioners. Though, the aforesaid documents furnished by the petitioners are said to be forged on the basis of the audit report made in the year 1994, but the FIR has been lodged by the Department after long span of time of 24 years. On the other hand, learned APP opposed the bail prayer of the petitioners.

In the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Kishanganj in connection with Dighal Bank P.S. Case No. 13 of 2018, subject to the condition as laid down

Patna High Court CR. MISC. No.25604 of 2019(2) dt.26-04-2019 3/3 under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) rohit/- U T