Samama Praveen And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16004 of 2016 Arising Out of PS.Case No. -2394 Year- 2015 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ======================================================

1. Samama Praveen, Wife of Md. Rabban

2. Md. Rabban, Son of Abdul Gani

3. Abdul Gani, Son of Late Ramjan

4. Abdul Kalam Son of Late Ramjan All are residents of village - Bhakhnaha, Uttar Tola, Ward No. 10, P.S.- Banmankhi in the district of Purnea .... .... Petitioners

Versus

1. State of Bihar

2. Nusrat Praveen Daughter of Taiyab Ali Resident of Village- Bhakhnaha, Uttar Tola, ward NO. 10, P.S.-Banmankhi in the district of Purnea .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Raj Kumar, Advocate For the State : Mr. Rajesh Kumar (APP) For the Complainant : Mr. Nafisuzoha, Advocate ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 23-05-2016 Heard learned counsel for the petitioners, the State and the complainant.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 420 and 471 of the Indian Penal Code.

It is contended on behalf of the petitioners that it would be apparent from Annexure-2, which is the order dated 29.05.2014 passed in Misc. Appeal No.179/2013, that in fact the complainant had got employment by giving wrong certificate of desertion by her husband and, thereafter, the petitioner no.1 was appointed in

Patna High Court Cr.Misc. No.16004 of 2016 (2) dt.23-05-2016 2/2 view of the fact that she was at sl. no.2 in the merit list. It is further contended that she was not appointed under the post reserved for physically handicapped candidate. The aforesaid order passed by the appellate authority has been put to challenge by the complainant by filing CWJC No.12351/2014 in which status quo has been directed to be maintained by the parties. Thus, it is contended that there is a dispute between the petitioners and the complainant and, for such reason, the complaint case has been lodged.

Having regard to the facts and circumstances of the case, let the petitioners, namely, Samama Praveen, Md. Rabban, Abdul Gani and Abdul Kalam be released on bail in the event of their arrest/surrender before the court below within a period of six weeks from today in connection with Complaint Case No.2394/2015, on furnishing bail bonds of Rs.10,000 (Ten Thousand Rupees) each with two sureties of the like amount each to the satisfaction of Sri Lal Bihari Paswan, Judicial Magistrate, 1st Class, Purnea subject to the conditions as laid down under subsection (2) of Section 438 of the Code of Criminal Procedure. (Dr. Ravi Ranjan, J) V.K. Pandey/- U T