Patna High CourtCR. MISC./46415/2022dismissed

Khushbu Kumari v. The State Of Bihar

2022-12-06Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46415 of 2022 Arising Out of PS. Case No.-122 Year-2022 Thana- GARDANIBAG District- Patna ====================================================== Khushbu Kumari D/O Sakaldev Yadav @ Sakaldev Yadav Resident Of Village - Chanan Barare Mananpur, P.S.- Chanan, District- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kr Singh No.1 For the Opposite Party/s :

Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-12-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects, if any, within three weeks. The petitioner is apprehending her arrest in a case registered for the offence punishable under Sections 419, 420, 467, 468, 120B of the Indian Penal Code and Section 10 of Bihar Conduct of Examination Act.

As per FIR, it is alleged that during bio-metric, the thumb impression and photo of the candidate did not match with the accused-petitioner and on enquiry, she confessed her guilt. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that petitioner is a girl and an aspiring student having no criminal antecedent. He submits that there is no

Patna High Court CR. MISC. No.46415 of 2022(2) dt.06-12-2022 2/2 specific overt act against the petitioner.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, her prayer for anticipatory bail is rejected in connection with Gardanibag P.S. Case No. 122 of 2022. However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order considering the fact that the petitioner is the unmarried girl.

(Anjani Kumar Sharan, J) devendra/- U T