Patna High CourtCR. MISC./54377/2015bail granted

Sulekha Devi v. The State Of Bihar

2016-03-01Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54377 of 2015 Arising Out of PS.Case No. -9 Year- 2013 Thana -BARHAT District- JAMUI ======================================================

1. Sulekha Devi Wife of Sri Sanjeev Kumar @ Sanjeev Paswan resident of village - Bangama Rajghat, P.S. Barahat, District - Jamui .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prakash Mahto For the Opposite Party/s : Mr. M.Dayal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 01-03-2016 Heard Mr. Prakash Mahto for the petitioner and Mr. M. Dayal, APP for the State.

The petitioner contested the election of Mukhiya in the year 2011 and was declared elected. An election dispute was filed before the State Election Commission vide Case No. 141 of 2011. The Commission allowed the application and directed for her removal from the post and also to institute F.I.R. In these background, the F.I.R. was lodged vide Barhat P.S. Case No. 09 of 2013 under sections 467, 468 and 471 of the Indian Penal Code and other penal provisions of the Bihar Panchayat Raj Act. Indisputably, the order passed by the State Election Commission has been set aside by this Court on 17.12.2013 (Annexure-3) on a writ petition filed by the petitioner. If that be the case, then the petitioner deserves the extension

Patna High Court Cr.Misc. No.54377 of 2015 (3) dt.01-03-2016 2/2 of the privilege of anticipatory bail.

In the event of arrest or surrender in the Court below within four weeks, the petitioner abovenamed is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui in Barhat P.S. Case No. 09/2013 subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further condition that one of the bailers shall be the own/close family members of the petitioner.

(Kishore Kumar Mandal, J) Pankaj/- U T