Mohtasim Sultana @ Motasim Sultana v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.952 of 2018 Arising Out of PS.Case No. -132 Year- 2017 Thana -KOCHADHAMAN District- KISANGANJ ====================================================== Mohtasim Sultana @ Motasim Sultana W/o Ahmad Hasan, R/o VillageAndhasur, P.S.- Kochadhaman, District- Kishanganj. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Syed Ehteshamuddin, Advocate For the Opposite Party/s : Smt. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 16-01-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Kochadhaman P.S. Case No. 132 of 2017 registered under Sections 420, 467, 468, 471 and 120B of the Indian Penal Code. It is submitted by the learned counsel for the petitioner that the date of birth of the petitioner is 01.06.1988. Her father Noorul Islam had sworn an affidavit on 05.01.2007 mentioning this fact about the actual date of birth of the petitioner. In her school leaving certificate also date of birth is mentioned as 01.06.1988. Likewise, in her birth certificate, 01.06.1988 is shown as her date of birth. He submitted that this case was lodged on 28.08.2017 much before that the petitioner

Patna High Court Cr.Misc. No.952 of 2018 (2) dt.16-01-2018 filed an application before the Child Scheme Welfare Officer, Kochadhaman on 28.02.2017 stating therein that correction be made in her date of birth which has wrongly been mentioned as 16.07.1991 instead of 01.06.1988.

On the other hand, learned counsel for the State submitted that the petitioner obtained appointment as Anganbari Sevika on the basis of incorrect date of birth recorded in the certificate issued by the Madarsa Board.

Be that as it may, regard being had to the submissions made above, the nature of allegation and the fact that the petitioner is reported to be a lady of clean antecedent, in the event of arrest or surrender in the court below within six weeks from today, she is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-I, Kishanganj in connection with Kochadhaman P.S. Case No. 132 of 2017 subject to the conditions as laid down under Section 438(2) Cr. P.C. (Ashwani Kumar Singh, J.) Sanjeet/- U T