Patna High CourtCR. MISC./44453/2022bail granted

Archna Kumari v. The State Of Bihar

2022-12-05Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44453 of 2022 Arising Out of PS. Case No.-20 Year-2022 Thana- MAIGRA District- Gaya ====================================================== Archna Kumari Wife Of Laxman Chaudhary, D/O Ram Chandra Kewat @ Ram Chandra Chaudhary R/O Village/Mohalla- Dandibag Road, Gaya, P.S.- Vishnupad, District- Gaya ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Mrigendra Kumar For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-12-2022 Heard learned counsel for the petitioner and the State.

The petitioner apprehends arrest in a case registered for the offence punishable under sections 420/120B and other ancillary sections of the Indian Penal Code.

Prosecution case is that this petitioner engaged her husband to put forged signature on the teacher's attendance register and withdrew her salary by making her forged signature.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that there is delay of five years in lodging of the FIR and there is no plausible explanation of delay which itself creates doubt over the prosecution case. No

Patna High Court CR. MISC. No.44453 of 2022(2) dt.05-12-2022 2/2 departmental case is pending against her with respect of the instant allegation and she is still in job.

Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner mentioned above 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 Judicial Magistrate 1st class, Sherghatti Gaya in Maigra Police Station Case No. 20 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashi/- U T