Karuna Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31249 of 2017 Arising Out of PS.Case No. -136 Year- 2016 Thana -GURUA District- GAYA ======================================================
1. Karuna Kumari wife of Shri Amit Kumar resident of Village - Shri Ram Bigha, P.S. - Gurua, District - Gaya.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Soni Shrivastava For the Opposite Party/s : Mr. Sri Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-07-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case registered under Sections 467, 468, 471 of the Indian Penal Code. It has been submitted on behalf of the petitioner that earlier the prayer for anticipatory bail of the petitioner was rejected by this Court vide order dated 01.03.2017 passed in Cr. Misc. No. 9232 of 2017. The petitioner was directed to surrender in the court below and accordingly she has surrendered in the court below.
The allegation against the petitioner is that she produced forged caste certificate of Dangi caste in the name of her sister and got elected as member of Zila Parishad and later on as Chairperson. The District Magistrate enquired into the matter.
Patna High Court Cr.Misc. No.31249 of 2017 (2) dt.10-07-2017 2/3 The report of the District Magistrate, Gaya, is part of the FIR. After holding detailed enquiry, the Collector found that the certificate produced by this petitioner, issued by Gurua, Sherghati belonging to Dangi community was forged. It has been submitted on behalf of the petitioner that the order of the Collector was challenged before this Hon'ble Court vide C.W.J.C.No. 19127 of 2016, which has already been disposed of on 21.06.2017. Mr.Dinu Kumar, learned counsel has appeared suo motu on behalf of one Laxmi Devi, who was also a candidate of Chairperson of Zila Parishad and produced the order passed in CWJC No. 19127 of 2016 whereby this Hon'ble High Court has disposed of the case with liberty to the petitioner to approach Caste Scrutiny Committee with regard to getting a declaration relating to her caste.
In such situation the matter with regard to declaration of caste of the petitioner has been referred to Caste Scrutiny Committee, which is yet to be considered. The petitioner is in custody since 29.05.2017. Therefore, the prayer for bail of the petitioner is allowed.
Let, above named petitioner, 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 Shri
Patna High Court Cr.Misc. No.31249 of 2017 (2) dt.10-07-2017 3/3 Gorakhnath Dubey, learned Judicial Magistrate, 1st Class, Sherghati, Gaya in Gurua P.S.Case No. 136 of 2016, subject to the condition that the bailors will be the close relatives of the petitioner.
(Sanjay Priya, J) singh/- U T