Anita Kumari Anm v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34919 of 2016 Arising Out of PS.Case No. -53 Year- 2013 Thana -MADANPURA District- AURANGABAD ====================================================== ANITA KUMARI (ANM) daughter of Sarjoo resident of Village - Dhanawa Dihra, Police Station- Parasbigha, District- Jehanabad .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kamlendra Pd. Singh, Advocate For the Opposite Party/s : Mr. Pancha Nand Pandit, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 29-08-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends arrest in connection with Madanpur P.S. Case No. 53/13 for offences alleged under Sections 420, 467, 468, 471/34 of the Indian Penal Code. The prosecution case, as lodged by the Medical Officer, Madanpur, is that the petitioner, who was the ANM(R), on the basis of forged certificate has procured her service and has taken Rs. 82,047/- as honorarium.

It has been submitted by the learned counsel for the petitioner that she is innocent and her certificate on enquiry has been found to be correct, as is evident from Annexure-3 and thereafter a letter has been written by the Civil Surgeon-cum-

Patna High Court Cr.Misc. No.34919 of 2016 (2) dt.29-08-2016 2/2 Member Secretary, District Health Organisation, Arwal to take back the services of the petitioner. He submits that only on misapprehension the petitioner has been named in the First Information Report as no overt act has been committed by her. However, learned APP for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail.

Be that as it may, since the allegation of fake certificate seeking appointment has been further clarified and found correct, let petitioner, above named, in the event of her arrest or surrender before the court below within a period of eight 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 learned Chief Judicial Magistrate, Aurangabad, in connection with Madanpur P.S. Case No. 53/13, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nilu Agrawal, J.) Rajesh/- U T