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Patna High CourtCR. MISC./50575/2014bail granted

Sarwani Devi v. The State Of Bihar

2015-05-07Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50575 of 2014 Arising Out of PS.Case No. -128 Year- 2014 Thana -BAGHA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Sarwani Devi wife of Sapan Sikdar Resident of Parsauni Colony, P.O. Parsauni Farm, P.S. Chabutarwa, District - West Champaan at Bettiah, presently Pramukh of Block Panchayat Samiti, Bagaha - 1, District - West Champaran at Bettiah.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Chandan For the Opposite Party/s : Mr. Anil Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-05-2015 Heard learned counsel for the petitioner as well as learned counsel for the State.

In this application for anticipatory bail the petitioner apprehends her arrest for the offences punishable under section 125A (1) of the Bihar Panchayat Raj Act, 2006 and sections 181, 467, 468 and 471 of the I.P.C.

Allegedly, the petitioner filed false certificate in course of nomination for Panchayat Election, 2011. Submission is of false implication due to village politics and no case under the provisions of Indian Penal Code is made out as there is specific provision for such allegation. During

Patna High Court Cr.Misc. No.50575 of 2014 (2) dt.07-05-2015 2/2 investigation allegation has not been found true and as such the petitioner being a lady deserves sympathetic consideration, to which the learned A.P.P. submits that from the impugned order it reveals that the case has been found false in paragraphs- 33 and 34 of the case diary.

In the facts and circumstances as stated above, the petitioner in case of her 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 bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of. A.C.J.M. Bagaha, District- West Champaran in Bagaha P.S. Case No. 128 of 2014, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U