Jarina Khatoon v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64103 of 2018 Arising Out of PS. Case No.-650 Year-2017 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Jarina Khatoon, W/o Md. Rustam, resident of Village- Bakulahar, Charadwali, P.S. Gopalpur, District- West Champaran.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Nagma Khatoon, W/o Khurshid Alam, resident of Village- Bakulahar, Charadwali, P.S. Gopalpur, District- West Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar, Advocate.

For the Opposite Party/s :

Mr.Sri Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-02-2019 Heard learned counsel for the petitioner, learned counsel for the complainant and the learned A.P.P. for the State. The petitioner apprehends her arrest in connection with Complaint Case No. 650C of 2017 registered under Sections 420, 467, 471 and 120B of the Indian Penal Code.

The allegation of complainant, Nagma Khatoon, is that petitioner being resident of Sikta Block applied for Anganwari Sevika in Block Chanpatia, concealing her residential address and also submitting the forged mark sheet of B.A. Part-III. Learned counsel for the petitioner submits that complainant-opposite opposite party no. 2 is not Government official rather the complaint case has been filed by her in private capacity and also challenged the appointment of petitioner, as Anganwari

Patna High Court Cr.Misc. No.64103 of 2018(3) dt.05-02-2019 2/2 Sevika by filing Appeal No. 64 of 2016 before the District Programme Officer, West Champaran, Betiah, wherein in course of hearing the appeal, the matter was considered and mark sheet of B.A. Part -III was found correct and the appeal of complainantopposite party no. 2 was dismissed on 24.01.2018, which would appear from Annexure 4 to the application. It is further submitted that, in fact, complainant-opposite party no. 2, who was also one of the candidate, applied for Anganwari Sevika in Chanpatia Block and due to petitioner's name selected in Chanpatia Block, only with intention to harass the petitioner, complainant-opposite party no. 2 has filed complaint case and also filed appeal against the petitioner.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Complaint Case No. 650C of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T