Manju Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1510 of 2016 Arising Out of PS.Case No. -11 Year- 2015 Thana -TEKARI District- GAYA ======================================================

1. Manju Kumari, Wife of Sri Ashok Kumar, Resident of Village- Mau, P.S.- Tekari, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Birju Prasad For the Opposite Party/s : Mr. Chandra Bhushan Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-01-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 419,420 and 468 of the Indian Penal Code.

The prosecution case, as per the written report of the BDO, Tekari, is to the effect that the Officer on Special Duty, Confidential Section, Collectorate, Gaya issued a direction to the B.D.O. to lodge FIR against the petitioner and co accused Rajani Kumari. Thrust of accusation is that the petitioner being Panchayat Mukhia appointed one Divya Verma as Panchayat Teacher who is imposter of Rajani Kumari.

It is submitted by the learned counsel for the petitioner that Rajani Kumari died on 2.3.2007 and the appointment was

Patna High Court Cr.Misc. No.1510 of 2016 (2) dt.12-01-2016 2/2 made in 2007 itself but the present FIR has been registered in 2015. The death certificate of Rajni Kumari is Annexure 10. The relevant documents have been verified and it was found that Divya Verma has been reported to be genuine and she is still working. Considering the fact that the accusation has been levelled after seven years of appointment, the appointee is still working and the petitioner being lady, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve 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 learned ACJM - IX, Gaya in connection with Tekari P.S. Case No.11 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T