Kiran Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27465 of 2014 Arising Out of PS.Case No. -109 Year- 2014 Thana -ARWAL District- JEHANABAD ======================================================
1. Kiran Kumari Wife of Neeraj Kumar Resident of Village + P.O.- Nehalpur, P.S.- Paras Bigha, District- Jehanabad. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.36693 of 2014 Arising Out of PS.Case No. -109 Year- 2014 Thana -ARWAL District- JEHANABAD ======================================================
1. Rashmi Kumari D/o Girija Prasad, W/o Amresh Chandra Pd. R/o villageMaua, Police Station- Parwalpur, District- Nalanda .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.27465 of 2014) For the Petitioner/s : Mr. Mithilesh Kumar Upadhyay For the Opposite Party/s : Mr. Zainul Abedin (App) (In Cr.Misc. No.36693 of 2014) For the Petitioner/s : Mr. Ajay Mukherjee For the Opposite Party/s : Mr. Surendra Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-01-2015 Heard the parties.
Both these Criminal Miscellaneous applications arise out of the same case and therefore heard together and are being disposed of by passing this common order.
In these applications for anticipatory bail the petitioners apprehend their arrest for the offences punishable
Patna High Court Cr.Misc. No.27465 of 2014 (4) dt.30-01-2015 2/3 under sections 409 and 420 of the I.P.C.
The petitioner Kiran Kumari being 'A' Grade Nurse in the scheme of Copper 'T' committed misappropriation by transferring the Government money in her account on the basis of forged signature of the beneficiaries and on 25.05.2014 she demanded illegal money during the course of delivery from one Jhuni Devi and due to non payment Jhuni Devi was assaulted resulting her infant child died. It is further alleged that while media person came there to collect some news they were threatened to implicate in a false case. During investigation name of petitioner Rashmi Kumari transpires that she is also involved. Submission is that no beneficiaries had come forward to say that in her name money has been misappropriated. The petitioner Kiran Kumari has filed an application before the Civil Surgeon on 29.04.2014 regarding the illegal demand being made by the informant and others and this case has been lodged by the informant who is a media person and as such the petitioners being lady deserve sympathetic consideration. No officer has alleged any illegality against the petitioners.
The learned A.P.P. fairly submits that petitioner Kiran Kumari has filed an application on 29.04.2014 against the informant and then on 05.05.2014 this case has been filed.
Patna High Court Cr.Misc. No.27465 of 2014 (4) dt.30-01-2015 3/3 In the facts and circumstances as stated above, the petitioners, namely, Kiran Kumari and Rashmi Kumari, in case of their arrest or surrender within two months from the date of receipt/production of a copy of this order shall 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. C.J.M. Jehanabad in Arwal P.S. Case No. 109 of 2014, subject to the conditions as laid down in section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) Abhay/- U T