Hira Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23937 of 2019 Arising Out of PS. Case No.-187 Year-2017 Thana- BASOPATTI DistrictMadhubani ====================================================== HIRA DEVI, aged about 48 years, female, W/o Hari Narayan Sahani Resident of Village - Khauna, P.s.- Basopatti, Distt.- Madhubani ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sanjay Kumar, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest for the offences alleged under Sections 467, 468, 471 and 420 of the Indian Penal Code registered in connection with Basopatti P.S. Case No. 187 of 2017.

3. It is submitted that the petitioner has been falsely implicated, and as a Chairman of the Gram Panchayat, she merely happens to be one of the members of the Sukh-Suvidha Committee for making the panel for appointment to the post of Panchayat Teachers in terms of Rule 9(vii)(Kh) of the Bihar Panchayat Primary Teacher (Employment & Service Conditions) Rules, 2006 and she had no role to play in the matter of verification of the certificates which falls within the domain of

Patna High Court CR. MISC. No.23937 of 2019(2) dt.17-04-2019 2/3 the Sukh-Suvidha Committee. A statement is made at the Bar that similarly situated co-accused Vishnu Deo Bhandari @ Vishdev Bhandari, who is the Panchayat Secretary has been granted anticipatory bail by this Court in Cr. Misc. No. 23659 of 2019. The petitioner claims clean antecedents.

4. Learned APP appears and has been heard.

5. 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 bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate Vth, Madhubani in connection with Basopatti P.S. Case No. 187 of 2017, 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 be well represented in

Patna High Court CR. MISC. No.23937 of 2019(2) dt.17-04-2019 3/3 Court on each and every date during trial except as and when directed by the learned Court to be physically present, 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.

(Vikash Jain, J) Ibrar//- U T