Medhya Kriti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46729 of 2022 Arising Out of PS. Case No.-264 Year-2022 Thana- CHHATAUNI District- East Champaran ====================================================== Medhya Kriti D/O Sudhir Kumar Verma Resident Of Mohalla- Anand Puri Belbanwa, P.S.- Town District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sumeet Kumar Singh For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== 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 of the Indian Penal Code and Section 10 of Bihar Conduct of Examination Act.

As per FIR, allegation against the petitioner is that instead of petitioner, some other person namely Chhoti Kumari was writing the examination.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the co-accused Chhoti Kumari has already been granted bail by the learned court below itself. Learned

Patna High Court CR. MISC. No.46729 of 2022(2) dt.06-12-2022 2/2 counsel for the petitioner has also relied upon the judgment of the Hon'ble Apex Court in the case of Sheila Sebastian Vs. R. Jawaharaj and another reported in (2018) 7 SCC 581. He submits that petitioner is a girl and an aspiring student having no criminal antecedent.

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 Chatauni P.S. Case No. 264 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