Sita Devi @ Sita Kumari v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58030 of 2017 Arising Out of PS.Case No. -1437 Year- 2011 Thana -SARAN COMPLAINT CASE DistrictSARAN ======================================================

1. Sita Devi @ Sita Kumari, wife of Chandrama Ram, resident of VillageAami, P.S.- Dighwara, District- Saran. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Madan Kumar, S/o Sree Rajendra Ram, Resident of village- Aami Police Station- Dighwara, District- Saran.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bishwa Bijay Kumar, Advocate For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 19-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends her arrest in Complaint Case No.1437 of 2011 instituted for the offence under Section(s) 467, 468, 471, 120-B Indian Penal Code.

Counsel for the petitioner has submitted that she is a lady. The Complainant is a private person, who has levelled allegation that she got appointment as Aasha worker on the basis of false certificate. It is further submitted that even if the allegation is taken to be genuine then also the Complainant has remedy to file necessary complaint before the department concerned for taking appropriate action.

Patna High Court Cr.Misc. No.58030 of 2017 (2) dt.19-12-2017 2/2 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 Complaint Case No.1437 of 2011, 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 Chief Judicial Magistrate, Saran at Chapra, subject to the conditions as laid down under Section 438(2) Cr. P. C.

with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the 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.