Patna High CourtCR. MISC./49530/2017allowed

Sushila Devi v. State Of Bihar And ANR

2017-10-18Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49530 of 2017 Arising Out of PS.Case No. -27 Year- 2014 Thana -GOVERNMENT OFFICIAL COMP. DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Sushila Devi, wife of Lal Babu Prasad, Resident of Mohalla-Christian Quarter, Sonarpatti, Ward No. 8, P.S. -Bettiah Town, District-West Champaran.

.... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Sri Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 18-10-2017 Heard learned counsel for the petitioner and the State. Petitioner is apprehending arrest in connection with O.C. No. 27 of 2014 corresponding to Trial No. 202 of 2016 for an offence under sections 193, 196, 420, 467, 468, 469 and 471 of the Indian Penal Code.

The allegation against this petitioner is that she filed complaint with regard to forged documents used for the purpose of securing release of the accused.

Counsel for the petitioner submits that such forged document for furnishing bail bond of the accused was found to be correct. However, there was some discrepancy with regard to the document of Krishna Sah.

Counsel for the petitioner submits that so far as

Patna High Court Cr.Misc. No.49530 of 2017 (2) dt.18-10-2017 2/2 Krishana Sah is concerned, she obtained information under Right to Information Act with regard to wrong land and as such she committed bona-fide mistake in levelling allegation against Krishna Sah for using forged documents.

Considering the fact that mistake appears to be bonafide, let the petitioner, named above, be released on bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of CJM, Bettiah, West Champaran in connection with O.C. No. 27 of 2014, subject to the condition as laid down under section 438(2) of the Cr.P.C.

(Anil Kumar Upadhyay, J) Ravi/- U