Rani Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24121 of 2017 Arising Out of PS.Case No. -57 Year- 2017 Thana -KARPI District- JEHANABAD ======================================================

1. Rani Kumari D/o Vijay Sharma @ Vijay Narayan Sharma @ Ram Das Singh, Resident of Village- Karpi, P.S.- Karpi, District- Arwal. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brajesh Kumar For the Opposite Party/s : Mr. Sri Gopesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-07-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Karpi (Sahar Telpa) P.S. Case No. 57 of 2017 instituted for the offence under Sections409, 420, 419, 467, 468, 471, 472/34 of the Indian Penal Code. It is alleged in the written report that on verification of the mark sheet of BETET of the petitioner Rani Kumari, the father's name was found different from the name mentioned in the original mark sheet.

Counsel for the petitioner has submitted that the petitioner had submitted original mark sheet along with self attested photocopy of the mark sheet before the Block Education Officer which has been marked as Annexure-4 wherein the father's name of the petitioner is mentioned as Ram Das Singh but

the Panchayat Secretary, Nawal Kishore Pathak has sent photocopy of the mark sheet which is attested by the Panchayat Secretary and not by the petitioner wherein the name of father of the petitioner has been mentioned as Vijay Sharma. It has further been submitted that such act was done by Panchayat Secretary deliberately because the petitioner did not satisfy the demand made by the Panchayat Secretary. It has further been submitted that father of this petitioner is Ram Das Singh who has alias name also as Vijay Sharma.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Karpi (Sahar Telpa) P.S. Case No. 57 of 2017 to the satisfaction of Sri K.K. Choudhary, learned Additional Chief Judicial Magistrate-IV, Arwal subject to condition as laid down u/S 438(2) of the Cr.P.C. with further conditions (bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the

court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) A.K.V./- U T