Archana Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47996 of 2023 Arising Out of PS. Case No.-118 Year-2023 Thana- SANOKHAR District- Bhagalpur ====================================================== ARCHANA KUMARI D/o Jaldhar Prasad Mandal, Wife of Pawandev Singh Resident of village - Block Sanholla, P.s. - Sanokhar (Amdanda), Distt. - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha, Advocate For the Opposite Party/s :

Mr.Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Sanokhar (Amdanda) P.S. Case No. 118 of 2023 for the offence registered under Sections 420, 467, 468 and 471 of the Indian Penal Code lodged on 03.05.2023 by the informant, Nikhat Ara.

As per the prosecution story, in the light of CWJC No. 4082 of 2022 (Diwakar Yadav Vs. State of Bihar & Ors.) the certificates of Anganwari Sevika were verified and when came to notice that the case of the petitioner was found to be forged. Accordingly, the FIR.

It is the contention of the learned counsel for the

Patna High Court CR. MISC. No.47996 of 2023(2) dt.11-08-2023 2/3 petitioner that he had passed the matric/secondary examination from Bhartiya Shiksha Parishad, Uttar Pradesh in the year 2009 and has submitted the said certificates along with application and has also been found to be genuine. However, probably, the said institution is not recognized which resulted into the FIR. Learned APP for the State opposes the prayer stating that from an un-recognized institution, the certificate was presented.

Considering the fact that the petitioner is a lady having no criminal antecedent and ultimately will have to face the trial, this Court is inclined to grant her privilege of anticipatory bail.

Let the petitioner, in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Bhagalpur in connection with Sanokhar (Amdanda) P.S. Case No. 118 of 2023, subject to condition as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family member of the petitioner who shall provide official document to show

Patna High Court CR. MISC. No.47996 of 2023(2) dt.11-08-2023 3/3 his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial court itself;

(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;

(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Jagdish/- U T