Veer Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21498 of 2019 Arising Out of P.S. Case No.-10 Year-2019 Thana- CHANPATIA District- West Champaran ====================================================== VEER MAHTO 73 years (M) son of Late Khublal Mahto, resident of villageBarohiya, P.S. Chanpatia, District- West Champaran, at present, Kukhiya, Gram Panchayat Raj, Gidha-cum-Adhyaksh, Chayan Samiti, Gidha, West Champaran.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Umesh Chandra Verma, Advocate For the Opposite Party :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-07-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 420 and 468/34 of the Indian Penal Code.

The allegation against this petitioner is that under his presidentship one Asha Devi was fraudulently selected as Anganbari Sevika who was at the time of selection, below 18 years.

It is submitted on behalf of the petitioner that the petitioner was only one of the members of the appointment committee and it was a collective decision of the committee. It is further submitted that the selection was made in the year 2003

Patna High Court CR. MISC. No.21498 of 2019(4) dt.24-07-2019 2/2 and FIR has been lodged on 11.01.2019 after a lapse of more than 16 years. It has further been submitted that co-accused Asha Devi has already been granted bail by a coordinate Bench of this Court in Cr.Misc.No.31161 of 2019 vide order dated 10.05.2019.

Considering the facts aforesaid, let the above named petitioner be released on bail in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Bettiah, West Champaran/successor Court in connection with Chanpatia P.S.Case No.10 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the petitioner. (Prabhat Kumar Singh, J) B.Kr./- U T