Sunita @ Suneeta v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2324 of 2018 Arising Out of PS.Case No. -2542 Year- 2015 Thana -SIWAN COMPLAINT CASE DistrictSIWAN ======================================================

1. Sunita @ Suneeta, wife of Kumar Vinod, Daughter of K.P. Singh, In Charge C.D.P.O. Bhagwanpur Hat, resident of Ashiana Nagar, P.S.- Phulwari, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ram Nath Sah, son of Surya Sah, resident of village- Mora Khas, Police Station- Bhagwanpur Hat, Dist- Siwan.

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

For the Petitioner/s : Mr. Ashok Kumar, Advocate For the Opposite Party/s : Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 17-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Complaint Case No.2542 of 2015 instituted for the offence under Section(s) 147, 148, 149, 419, 420, 467, 468 Indian Penal Code. It has been submitted that petitioner was posted as CDPO at the relevant time.

It is alleged in the Complaint Petition that one Geeta Devi, who was having less marks than that of daughter-in-law of the Complainant, has been appointed. Selection has been made in collusion of the accused persons.

It has been submitted that appointment of Geet Devi

Patna High Court Cr.Misc. No.2324 of 2018 (2) dt.17-01-2018 2/3 was made by Aam Sabha. Petitioner was CDPO at the relevant time. There is provision to challenge appointment as per law, if the Complainant is aggrieved by the aforesaid appointment. It has been submitted that co-accused has already been granted anticipatory bail by this Court by order dated 11.12.2017 passed in Cr. Misc. No.57932 of 2017. 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.2542 of 2015, he shall be released on anticipatory bail on furnishing bail bond of Rs.

10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, III, Siwan, subject to the conditions as laid down under Section 438(2) Cr. P. C.

Patna High Court Cr.Misc. No.2324 of 2018 (2) dt.17-01-2018 3/3 in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) JA/- U T