Nippu Kumari @ Nipu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25681 of 2023 Arising Out of PS. Case No.-6 Year-2020 Thana- INARWA District- West Champaran ====================================================== NIPPU KUMARI @ NIPU DEVI wife of SHASHI KUMAR RESIDENT OF VILLAGE - GHODPAKDI, P.S INARWA, DISTRICT WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surya Narayan Sah, Advocate For the Opposite Party/s :

Mr. Surendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 467, 468, 471, 420 and 409 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent, is a woman and was working as an Aanganbari Sevika and her services were terminated on the ground that her date of birth did not match with her application. It is further alleged that the date of birth as recorded in the certificate issued by the Bihar School Examination Board was 15.11.1989 but in her application her date of birth was mentioned as 15.01.1989. It is thus alleged that she joined the service as a minor when she was only 17 years and odd months old. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.25681 of 2023(2) dt.28-06-2023 2/2 petitioner has been falsely implicated in the present case as no opportunity was given to the petitioner before instituting the present FIR. It is further submitted that if an opportunity would have been given to the petitioner to explain her cause perhaps the present FIR would not have been instituted. It is next submitted that police after investigation submitted final form and thereafter again further investigation was done in which the case was found true.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Inarwa P.S. Case No. 06 of 2020, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T