Rakhi Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7816 of 2018 Arising Out of PS. Case No.-155 Year-2017 Thana- ATRI District- Gaya ====================================================== Rakhi Kumari, Wife of Sanjit Kumar Paswan, Resident of Village- Narwat, Police Station- Atri, District- Gaya.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Syed Asgher Najmi, Advocate For the Opposite Party :

Mr. Shailendra Kumar Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends her arrest in connection with Atri P.S. Case No. 155 of 2017, registered for the offences punishable under Sections 465, 468, 471, 420 of the Indian Penal Code.

Allegedly, the petitioner contested the election in fake name. Babita Kumari and Babita Devi was same lady and she was the sautan of the petitioner being first wife of Sanjeet Paswan, who died in the year 2007 but the petitioner fought the election of Jila Parishad in the year 2011 in the name of Babita Kumari.

Submission is of false implication and that this

Patna High Court Cr.Misc. No.7816 of 2018(2) dt.17-02-2018 2/2 case has been lodged due to political rivalry. Rekha Devi wife of Shivbachan Paswan being instrumental got filed this case after bringing the officers in her collusion. Rekha Devi has filed Panchayat Election Petition in the Court of Munsiff -II, Gayacum-Tribuanl and that case is pending and, as such, the petitioner deserves sympathetic consideration. The learned A.P.P. submits that Sub-Divisional Officer and District Magistrate, have found the allegation true against the petitioner after inquiry and then F.I.R. has been lodged.

In the facts and circumstances as stated above, the petitioner in the event of her arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on 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, Gaya, in connection with Atri P.S. Case No. 155 of 2017, subject to the conditions as laid down in section 438(2) of the Cr.P.C. (Jitendra Mohan Sharma, J.) Rajiv/- U T