Sunita Kumari Sinha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26662 of 2017 Arising Out of PS.Case No. -65 Year- 2017 Thana -AURANGABAD TOWN DistrictAURANGABAD ======================================================
1. Sunita Kumari Sinha, wife of Sri Vijay Prasad, resident of VillageSongara, P.S.- Buniyadganj, District- Gaya. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prithivi Raj Singh, Advocate For the Opposite Party/s : Mr. Md. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 25-07-2017 Heard learned counsel for the Petitioner and the State.
The Petitioner apprehends her arrest in connection with Aurangabad Town P.S. Case No. 65 of 2017 registered for the offences punishable under Sections 467, 468, 471, 420, 409, 120B of the Indian Penal Code.
It is alleged that the petitioners with the help of Chandeshwar Chaudhary and Ranjit Kumar, both clerk of Civil Surgeon office, created forged document vide memo no. 7 (4) dated 05.08.2016 and with the help of that forged document they succeeded in obtaining letter of appointment in their favour and accordingly, joined their respective posts within Aurangabad District on 11.03.2016. It has further been alleged that on 07.02.2017 all the forged appointments have been cancelled by
Patna High Court Cr.Misc. No.26662 of 2017 (3) dt.25-07-2017 2/3 the informant.
Counsel for the petitioner has submitted that she has been reinstated with other similarly situated persons in their respective service in compliance of the order passed by the Hon'ble Court and again they were removed from their service as per order of the Hon'ble Court passed in L. P.A. Then they have moved the Hon'ble Supreme Court against the order passed in LPA by this Hon'ble Court.
It has been submitted that co-accused with similar allegation has been granted anticipatory bail by a co-ordinate Bench of this Court by order dated 06.07.2017 passed in Cr. Misc. No.22336 of 2017.
In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Aurangabad Town P.S. Case No. 65 of 2017, she shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions (1) bailors should be local having sufficient immovable property within the
Patna High Court Cr.Misc. No.26662 of 2017 (3) dt.25-07-2017 3/3 jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) JA/- U T