Nibha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13100 of 2018 Arising Out of PS.Case No. -198 Year- 2017 Thana -PARIHAR District- SITAMARHI ======================================================

1. Nibha Kumari, Wife of Sudhir Kumar, R/o Village- Laddu Gaon, P.S.- Raj Nagar, District- Madhubani at present posted as Child Development Project Officer, Parihar, District- Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Smt Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-04-2018 The petitioner is apprehending his arrest in connection with Parihar P.S. Case No. 198 of 2017, registered for offences punishable under Sections 419, 420, 467, 468 and 471 of the Indian Penal Code.

Prosecution case as per F.I.R is that an advertisement for appointment of Anganwadi Sevika on 23.10.2014, in which one Bechni Devi was appointed but later on her appointment was cancelled, by the District Programme Officer, Sitamarhi and on his direction, the petitioner prepared another panel, in which another person was appointed and, thereafter informant preferred an appeal, in which the appointment of the said person was also cancelled. Thus the accused persons have committed cheating and forgery in appointment of Aanganbadi Sevika with collusion of

Patna High Court Cr.Misc. No.13100 of 2018 (2) dt.04-04-2018 2/3 each other, without verification of documents. It has been submitted on behalf of the petitioner that petitioner was not the C.D.P.O, initially when the appointment was made. Moreover, the petitioner on direction of the District Programme Officer, Sitamarhi prepared a fresh panel and she has nothing to do with the allegation.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, , let the petitioner above named, in the event of her arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Sitamarhi, in connection with Parihar P.S. Case No. 198 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the investigation and make herself available as

Patna High Court Cr.Misc. No.13100 of 2018 (2) dt.04-04-2018 3/3 and when required by the police and on the event of failure on her part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T