Manju Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51034 of 2023 Arising Out of PS. Case No.-109 Year-2015 Thana- SUPAUL District- Supaul ====================================================== 1.
Manju Kumari Wife Of Abhay Kumar D/O-Surender Vishvas, R/O-Rajpur, P.S.-Pipra, Distt.-Supaul 2.
Nilam Kumari @ Nilam Devi Wife Of Ramdev Mandal R/O-Kamalpur, Chitti, W. No. 4, P.S. And Distt.-Madhepura ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Nafisuzzoha, Advocate For the Opposite Party/s :
Mr.Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 23-08-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners, in the present case, are seeking prearrest bail in connection with Supaul P.S. Case No. 109 of 2015 registered for the offences punishable under Sections 467, 468, 469, 471, 120(B)/34 of the Indian Penal Code. They have no criminal antecedent as stated in paragraph '3' of the application.
3. As per the prosecution story, the informant, who is Member Secretary, Panchayat Teacher Niyojan Unit, Supaul, alleged that on 11.03.2015, an application was called for from BETET pass applicants and a merit list was prepared and was sent for verification to the District Education Officer, Supaul but he reported that the candidates of serial no. 1 to 67 have not
Patna High Court CR. MISC. No.51034 of 2023(2) dt.23-08-2023 2/3 passed BETET, thereafter the present F.I.R. has been lodged.
4. Learned counsel for the petitioners submits that petitioners did not get appointment on the alleged forged documents and have not drawn any monetary benefits. In the First Information Report altogether 67 persons have been named out of whom vide Annexure '2', seven similarly situated persons have been granted privilege of anticipatory bail by a learned coordinate Bench of this Court in Cr. Misc. No. 48660/2015.
5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioners.
6. Having regard to the submission that in course of verification of the BETET certificates of the petitioners, those were alleged to be the forged documents, petitioners did not get any appointment on that basis and have not drawn any monetary benefits, in the First Information Report altogether 67 persons have been named out of whom vide Annexure '2', seven similarly situated persons have been granted privilege of anticipatory bail by a learned coordinate Bench of this Court in Cr. Misc. No. 48660/2015, this Court, therefore, directs that in case of their arrest/surrender within a period of four weeks from today, let the petitioners above-named be enlarged on bail on furnishing of bail bond of Rs. 25,000/- (twenty five thousand)
Patna High Court CR. MISC. No.51034 of 2023(2) dt.23-08-2023 3/3 each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul, in connection with Supaul P.S. Case No. 109 of 2015, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
7. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajeev Ranjan Prasad, J) Rajeev/- U T