Kanchan Kumari @ Kanchan Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46355 of 2019 Arising Out of PS. Case No.-403 Year-2013 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== 1.
KANCHAN KUMARI @ KANCHAN DEVI Wife of Shailendra Jha Resident of Village and P.O.- Harinagar, P.S.- Kusheswar Asthan, DistrictDarbhanga 2.
Shailendra Jha Son of Dev Kant Jha Resident of Village and P.O.- Harinagar, P.S.- Kusheswar Asthan, District- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raj Shekhar For the Opposite Party/s :
Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-07-2019 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Kusheshwar Asthan/ K. Asthan P.S. Case No. 403 of 2013, corresponding to G.R. No. 1270 of 2013 disclosing the offence under Sections 341, 323, 353, 427, 504, 506/34 of the Indian Penal Code.
Petitioner no. 2 is the husband of petitioner no. 1. Petitioner no. 1 was working as a Sahayika at Harinagar Anganwari Centre. Allegedly, when there was selection process going on for appointment against the post of Sahayika, for the said centre, petitioners entered into the office of the informant, a
Patna High Court CR. MISC. No.46355 of 2019(2) dt.26-07-2019 2/3 Child Development Project Officer, and torn away the proceeding register. They are also said to have used abusive language.
Learned counsel appearing on behalf of the petitioners has submitted that the allegation made in the First Information Report is incorrect, for ulterior reasons and since petitioner no. 1 was protesting against the irregularities being committed by the Selection Committee in selection of Sahayika, she and her husband have been falsely implicated. Be that as it may, considering the nature of accusation, this application is allowed. Let the petitioners, above-named, in the event of their arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) each, with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate-Ist Class, Biraul, Darbhanga in Kusheshwar Asthan/ K. Asthan P.S. Case No. 403 of 2013, corresponding to G.R. No. 1270 of 2013, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the Police/ Court, as the case
Patna High Court CR. MISC. No.46355 of 2019(2) dt.26-07-2019 3/3 may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Rajesh/- U T