Kiran Kumari And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36925 of 2017 Arising Out of PS.Case No. -145 Year- 2013 Thana -ALAMNAGAR District- MADHEPURA ======================================================

1. Kiran Kumari

2. Swatantra Kumar Singh @ Swatantra Kumar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Sri Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-08-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Alamnagar P.S. Case No. 145 of 2013 instituted for the offence under Sections-467, 468, 469, 471, 420 and 120(B) of the Indian Penal Code. It is alleged by the informant in the written report that process for selection of Anganwari Sevika started for Ward Nos. 1, 6 & 7 and the petitioner No. 1 being Sevika of Ward No. 5 and her husband (petitioner No. 2) have filed a petition with forged signature and seal of the informant to Child Development Project Officer showing themselves as residents of Ward No. 6 with intention to give benefit to other persons. The informant obtained the photo copy of the aforesaid petition from the office of Child Development Project Officer and thereafter, wrote letter to Child Development Project Officer to lodge the FIR.

In this manner, from the written report, it appears that no

benefit has been obtained by these petitioners by filing alleged forged letter as mentioned by the informant. The counsel for the petitioners has denied that said letter has been written by her. The petitioners have been falsely implicated in this case due to village politics. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of 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 in connection with in Alamnagar P.S. Case No.

145 of 2013 to the satisfaction of learned Sub Divisional Judicial Magistrate, Uda Kishunganj, Madhepura subject to condition as laid down u/S 438(2) of the Cr.P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) A.K.V./- U T