Savitri Devi v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69911 of 2018 Arising Out of PS. Case No.-281 Year-2015 Thana- COMPLAINT CASE District- Supaul ====================================================== Savitri Devi, Wife of Yog Narayan Mehta, Resident of Village- Charne, P.S.- Chhatapur, District- Supaul.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Abhinandan Kumar Mehata, Son of Narshingh Mehta, Resident of VillageCharne, P.S.- Chhatapur, District- Supaul. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dinesh Choudhary For the Opposite Party/s :

Mr. Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-12-2018 Heard learned counsels for the petitioner and State. The petitioner is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Sections 468, 420, 120B and 467 of the IPC.

The prosecution case, as per the complaint petition is that the petitioner got appointed as a Primary Teacher in the District of Supaul on the basis of forged education certificate. It is submitted by learned counsel for the petitioner that in the background of land dispute, the complaint has been filed on 01.07.2015, when the husband of the petitioner lodged Chhatapur P.S. Case No. 299 of 2014, under Sections 341, 323, 447, 504, 506 and 379/34 of the IPC against the complainant on

Patna High Court Cr.Misc. No.69911 of 2018(2) dt.05-12-2018 2/2 25.12.2014, hence as a retaliatory measure, the present complaint has been filed. Moreover, there is no locus to challenge the appoint of the petitioner by the complainant. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Considering the nature of accusation and the case lodged by the petitioner's side against the informant at earlier point of time, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.

10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate-I, Supaul in connection with Complaint Case No. 281C of 2015, subject to the condition as laid down under Section 438(2) of the Cr. P.C.