Mamta Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42022 of 2023 Arising Out of PS. Case No.-18 Year-2023 Thana- BELHAR District- Banka ====================================================== MAMTA KUMARI Daughter of Maheshwar Mishra Resident of villageBabhangama, Post office- Benigir, Police Station- Muffasil, District- Munger ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

The Superintendent of Police, Vigilance Investigation Bureau, 6 Circular Road, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Balram Kapri For the Opposite Party/s :

Mr. Ajay Mishra For the Vigilance :

Mr. Arvind Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-10-2023 Heard learned counsel for the petitioner, learned counsel for the Vigilance as well as learned Additional Public Prosecutor for the State.

2. Learned counsel for the petitioner submits that he has already removed the defect as pointed out by the Office.

3. The petitioner apprehends her arrest in a case registered for the offence punishable under Sections 420 and other allied Sections of the Indian Penal Code.

4. The allegation against the petitioner is that she got the appointment on the post of Panchayat Secretary on the basis of forged certificate.

5. It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.42022 of 2023(2) dt.05-10-2023 2/3 petitioner is quite innocent and have committed no offence. She has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He has stated in para-10 of the bail application that the petitioner has been terminated from service. Petitioner has no criminal antecedent, as also mentioned in para3 of the bail application.

6. Learned APP for the State as well as learned Counsel for the Vigilance opposed the prayer for anticipatory bail.

7. Having regard to the facts and circumstances of the case as the petitioner has already been terminated from the services, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Belhar P.S. Case No.18 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

8. The learned Court below is directed to verify that whether the petitioner has been terminated from her service or

Patna High Court CR. MISC. No.42022 of 2023(2) dt.05-10-2023 3/3 not. If it is found that the petitioner has not been terminated from her service, then her bail bond shall not be accepted. (Anjani Kumar Sharan, J) shikha/- U T