Sunita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.6173 of 2021 Arising Out of PS. Case No.-389 Year-2018 Thana- SUPAUL District- Supaul ====================================================== Sunita Kumari W/O Late Maheshwari Kumar Ranjan Resident Of Village - Latauna Uttar, P.S.- Triveniganj, Distt.- Supaul. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Prashant Kumar, Advocate For the Opposite Party/s :

Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 17-12-2021 Learned counsel for the petitioner undertakes to remove the defects as pointed out by Stamp Reporter within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Md. Shakir Ahmad, learned APP for the State.

The petitioner in the present case is seeking pre-arrest bail in connection with Supaul P.S. Case No. 389 of 2018 registered for the offences punishable under Sections 420, 467 and 468 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner being Lady Supervisor is alleged to have prepared a fake merit list in collusion with Guriya Kumari for the appointment of Sevika for the Anganvadi Kendra No. 133 in which Guriya Kumari has been placed at serial no. 1 by

Patna High Court CR. MISC. No.6173 of 2021(2) dt.17-12-2021 2/3 showing her marks as 458/700 in place of her actual marks as 358/700.

Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. It is submitted that the mistakes in recording the marks in the merit list was subsequently corrected at the instance of the petitioner and after correction, the candidate Guriya Kumari remained at first position among the candidates and she has got the appointment letter accordingly.

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

Having regard to the submissions that the mistake in recording of the marks obtained by Guriya Kumari was later on corrected at the instance of this petitioner, even after the said correction the candidate Guriya Kumari was at the first position and she got appointment vide Annexure '4', the contention being that no malafide may be found in this connection, this Court directs that the petitioner above named in the event of her arrest or surrender within four weeks from today be released on bail on furnishing of bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each in connection with Supaul P.S. Case No. 389 of 2018 to the

Patna High Court CR. MISC. No.6173 of 2021(2) dt.17-12-2021 3/3 satisfaction of learned Chief Judicial Magistrate, Supaul, subject to the condition(s) as laid down under Section 438(2) of the Cr.P.C.

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. The application stands allowed.

(Rajeev Ranjan Prasad, J) avin/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.