Sharmila Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48470 of 2024 Arising Out of PS. Case No.-194 Year-2021 Thana- MINAPUR District- Muzaffarpur ====================================================== Sharmila Kumari Wife of Jay Narayan Kumar Resident of Vill-Tengrahan, P.S.- Minapur, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Alok Kumar Alok, Advocate For the State :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-08-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 420, 467, 468 and 34 of the Indian Penal Code.

3. As per prosecution case, it is alleged that this petitioner, along with other accused persons, issued several forged residential certificates.

4. It is submitted by learned counsel appearing on behalf of the petitioner that as a matter of fact, at the relevant time, this petitioner was discharging duties as Vikash Mitra at Minapur Block. It is further submitted that as per Government rules and regulations, beneficiaries are required to file their selfattested affidavits through RTPS for issuance of residential

Patna High Court CR. MISC. No.48470 of 2024(3) dt.27-08-2024 2/3 certificates and this petitioner has no role to play in issuance of residential certificates. It is further submitted that it is the duty of Panchayat Secretary, under whose signatures residential certificates are issued. It is further submitted that co-accused Nand Kishore Prasad, who was Panchayat Secretary at the relevant time, has already been granted the privilege of anticipatory bail by this Hon'ble Court vide order dated 19.08.2024 passed in Cr. Misc. No. 64984 of 2023. Petitioner claims clean antecedents.

5. Learned A.P.P. for the State has opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the aforesaid facts and circumstances, nature of accusation, claim based on parity and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged 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 C.J.M., Muzaffarpur, in connection with Minapur P.S. Case No. 194 of 2021, subject to condition as laid

Patna High Court CR. MISC. No.48470 of 2024(3) dt.27-08-2024 3/3 down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashank/- U T