Lalsa Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28274 of 2017 Arising Out of PS.Case No. -14 Year- 2017 Thana -BANSHI District- JEHANABAD ======================================================

1. Lalsa Kumari, D/o Dukhan Paswan, wife of Raju Kumar, resident of village- Panchu Bigha, P.S.- Karpi, District- Arwal. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Prasad Singh, Advocate For the Opposite Party/s : Smt. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 18-07-2017 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends her arrest in Bansi P.S. Case No.14 of 2017 instituted for the offence under Section(s) 420,467, 468, 471, 120-B Indian Penal Code.

It has been submitted that father's name of the petitioner was found different in the mark-sheet of BETET from the matriculation certificate of the petitioner. Father's name of the petitioner in BETET mark-sheet is mentioned as Dukhan Paswan, whereas, in the matriculation certificate, it is mentioned as Shambhu Prasad.

Counsel for the petitioner submits that she is a lady. She has not committed any forgery in the certificates. It is just typing error as her father's name is Dukhan Paswan @ Shambhu

Patna High Court Cr.Misc. No.28274 of 2017 (3) dt.18-07-2017 2/3 Prasad. It has further been submitted that no departmental proceeding or action has been taken by the competent authority for such lapse.

It has also been submitted that in similar circumstances some other accused have been granted anticipatory bail by co-ordinate Benches of this Court by order dated 11.07.2017 passed in Cr. Misc. No.25858 of 2017 and order dated 22.02.2017 passed in Cr. Misc. No.7360 of 2017. In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Bansi P.S. Case No.14 of 2017, she shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, 1st, Arwal, subject to the conditions as laid down under Section 438(2) Cr. P. C.

Patna High Court Cr.Misc. No.28274 of 2017 (3) dt.18-07-2017 3/3 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) JA/- U T