Kumud Kumari v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41891 of 2017 Arising Out of PS.Case No. -2674 Year- 2015 Thana -WEST CHAMPARAN COMPLAINT District- WESTCHAMPARAN(BETTIAH) ====================================================== Kumud Kumari, Wife of Sri Bihari Ram, Resident of Bawan Bigha Road No. 2, Kanhauli, Bisundutta, P.S.- Mithanpura, District- Muzaffarpur. .... .... Petitioner
Versus
1. The State of Bihar.
2. Arti Kumari @ Arti Devi, Wife of Pradip Kumar Patel, Resident of village- Mohadipur, Bhatt Tola, Ward No. 15, P.S.- Majhaulia, DistrictWest Champaran. .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner : M/S R.S. Pradhan & Binod Kumar For the Opposite Parties : Mr. Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 11-01-2018 Heard the learned counsel for the petitioner, the learned A.P.P. for the State as also the learned counsel for the opposite party no.2.
In this application for anticipatory bail the petitioner apprehends his arrest in connection with Complaint Case No. 2674 (C) of 2015/ Tr. No. 569 of 2016 for the offences punishable under sections 420, 406, 467, 468, 120 (B) and 34 of the I.P.C. Allegedly, the petitioner being C.D.P.O. in connivance with her other staff and person committed forgery while making appointment of Angan Bari Sevika in collusion with the beneficiaries by manipulating the records and acting against the
Patna High Court Cr.Misc. No.41891 of 2017 (4) dt.11-01-2018 2/3 rules.
Submission is of false implication and that her role in the matter of appointment is very limited, it is the general assembly of the village which makes appointment, the petitioner has not been found guilty by the Additional Collector, Bettiah or by any other superior officers, no sanction order has been obtained against the petitioner for prosecution, the petitioner is an old lady and has been superannuated and at present she is suffering from health problem and as such she deserves sympathetic consideration as co-accused Neera Kumari, who has been appointed on the post of Sevika in the Angan Bari has already been allowed pre-arrest bail vide Cr. Misc. No. 20455 of 2017 by order dated 12.06.2017 by another co-ordinate Bench of this Court.
The learned A.P.P. duly assisted by the learned counsel for the opposite party no.2 opposes prayer for pre-arrest bail of the petitioner by submitting that it was the petitioner who has committed forgery. No meeting of general assembly was convened and the petitioner after forging the signature of Ward Member Sanju Devi and further after committing forgery of signature of Satyendra Kishore Singh got appointed Neera Kumari though she was not entitled for that post and wrongly discarded
Patna High Court Cr.Misc. No.41891 of 2017 (4) dt.11-01-2018 3/3 the opposite party no.2. The Additional Collector has also found that on that date no meeting of general assembly was done and after committing forgery Neera Kumari was got appointed by the petitioner.
In the facts and circumstances stated above, considering the allegation attributed against the petitioner, I am not inclined to grant privilege of pre-arrest bail to the petitioner and accordingly her such prayer stands rejected in connection with the aforementioned case pending in the court of C.J.M. Bettiah, West Champaran.
(Jitendra Mohan Sharma, J) Abhay/- U T