Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37446 of 2023 Arising Out of PS. Case No.-269 Year-2022 Thana- KALYANPUR District- East Champaran ====================================================== Sunita Devi, D/O Rameshwari Sah, R/O Village- Areraj, Ps. Govindganj, Dist. East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prateek Tandon, Advocate For the Opposite Party/s :

Mr.Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 28-07-2023 1.

Heard learned counsel for the petitioner and the learned APP for the State.

2.

The petitioner is apprehending her arrest in connection with Kalyanpur P.S. Case No. 269 of 2022 registered for the offence punishable under Sections 420, 467, 468, and 471 of the Indian Penal Code.

3.

The petitioner's certificate in respect of CTET /BTET has been found to be forged and fabricated, while considering her candidature for appointment as Panchayat Shikchhika.

4.

The learned counsel for the petitioner submits that without giving any opportunity to the petitioner, a decision has unilaterally been taken by the appointing authority regarding the certificate being forged and fabricated. She has not been

Patna High Court CR. MISC. No.37446 of 2023(2) dt.28-07-2023 2/3 appointed. All of a sudden, three years after application was made by the petitioner, she has been made accused. The veracity of the allegations regarding the documents being submitted by the petitioner at such a belated stage itself is doubtful. Petitioner is a female and has no criminal antecedent.

5.

Learned APP for the State has opposed the prayer for pre-arrest bail.

6.

Considering the rival submissions and clean antecedent of the petitioner, this Court is inclined to allow petitioner's prayer for grant of anticipatory bail. 7.

Accordingly, let the petitioner, above named, in the event of her arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Motihari, East Champaran, in connection with Kalyanpur P.S. Case No. 269 of 2022, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure as also subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with

Patna High Court CR. MISC. No.37446 of 2023(2) dt.28-07-2023 3/3 the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if she fails to do so on two consecutive dates, her bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) SUMIT/- U T