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Patna High CourtCR. MISC./38432/2017disposed

Manta Devi And ANR v. The State Of Bihar

2017-08-21Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38432 of 2017 Arising Out of PS.Case No. -264 Year- 2016 Thana -BARAUNI District- BEGUSARAI ======================================================

1. Manta Devi, W/o Ramashray Nishad, Resident of Village- Malhipur (Bind Toli), P.S.- Barauni, District- Begusarai.

2. Raj Kumar Nishad, Son of Ramdeo Nishad, Resident of VillageMalhipur, P.S.- Barauni, District- Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satish Chandra For the Opposite Party/s : Mr. Sri Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-08-2017 Heard the parties.

The petitioners are apprehending their arrest in connection with Barauni (Chakiya) P.S.Case No.264 of 2016, registered for offences punishable under Sections 468, 420 and 120(B)/34 of the Indian Penal Code.

Allegation against the petitioner, as per FIR is that on the direction of the Appellate Tribunal, a case was instituted against the petitioner and other accused persons with respect to forgery in appointment and the petitioners and other accused persons are said to be member of the Appointment Committee.

Submission of the learned counsel for the petitioner is that there is nothing available on the record to show that the petitioners

Patna High Court Cr.Misc. No.38432 of 2017 (2) dt.21-08-2017 2/2 in any way are responsible for the appointment and petitioner no.1 is Ex-Mukhiya and petitioner no.2 is Ward Member. Heard learned A.P.P. also, who has opposed the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, surrender before the court below within a period of four weeks and on their surrender, they will be released on provisional bail in connection with Barauni (Chakiya) P.S.Case No.264 of 2016 to the satisfaction of C.J.M., Begusarai, till submission of the chargesheet in this case and once the charge-sheet is submitted in this case, the petitioners shall make prayer for regular bail, which will be considered on the material available on the record in the case diary at that time.

With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T