Priya Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30425 of 2022 Arising Out of PS. Case No.-675 Year-2020 Thana- SASARAM NAGAR District- Rohtas ====================================================== PRIYA KUMARI W/o Mithilesh Kumar Gupta R/o village- Karwandiya, P.S.- Sasaram, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Satyendra Kumar Srivastava, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471 and 120B of the Indian Penal Code.

The informant alleges that petitioner won the election of Mukhiya by manipulating documents and deliberately preparing forged documents in pursuance of criminal conspiracy. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent, is a women and has been falsely implicated in the present case, it is next submitted that petitioner in the earlier round of counting lost by four votes, thereafter, an election petition was filed for recounting of votes by both parties, the petitioner won by eight votes after second recounting, thereafter, her adversary filed an election petition for recounting which was allowed

Patna High Court CR. MISC. No.30425 of 2022(2) dt.18-11-2022 2/2 by the Trial Court against which petitioner moved in writ and, thereafter, in L.P.A. Learned counsel next submits that already there are litigation pending between the parties with respect to election, it is next submitted that earlier the petitioner had lost then again won when the election petition came to be filed by her adversary and the matter traveled upto the High Court, as such, it cannot be alleged at this stage that the petitioner won the election by manipulating and forging documents.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sasaram Nagar P.S. Case No. 675 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) HarshPandey/- U T