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Patna High CourtCR. MISC./19616/2018bail granted

Sumitra Devi v. The State Of Bihar

2018-05-04Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19616 of 2018 Arising Out of PS.Case No. -1 Year- 2017 Thana -RUDRAPUR District- MADHUBANI ======================================================

1. Sumitra Devi Wife of Anil Kumar Yadav, Resident of Village-Basba, P.O.-Thadi, P.S.-Andhratharhi, Dist.-Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kulanand Jha For the Opposite Party/s : Mr. Sri Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-05-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Rudrapur P.S.Case No.01 of 2017 , registered for offences punishable under Sections 419, 420, 467, 468 and 471 of the Indian Penal Code.

Allegation against the petitioner who is Anganbari Sevika is about her appointment on fake certificate. Submission of the learned counsel for the petitioner is that her appointment is on the basis of Madhyama certificate and during investigation, the same has been found genuine as such the police has submitted final form finding the case true against her but the learned C.J.M. has taken cognizance against her. She is a lady.

Patna High Court Cr.Misc. No.19616 of 2018 (3) dt.04-05-2018 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. II, Jhanjharpur, Madhubani in connection with Rudrapur P.S.Case No.01 of 2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall make herself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of her bail bond.

With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T