Patna High CourtCR. MISC./8952/2017bail granted

Punam Prasad v. The State Of Bihar

2017-08-01Mr. Justice Sanjay Priya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8952 of 2017 Arising Out of PS.Case No. -463 Year- 2016 Thana -BAGHA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Punam Prasad, A.N.M., daughter of Harendra Narayan Sinha, resident of village - Basahi, P.O. Bhindi, Police Station - Tajpur, District - Samastipur .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s : Mr. Panchanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 01-08-2017 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends her arrest in Bagaha P.S. Case No.463 of 2016 instituted for the offence under Section(s) 420, 409,467, 468, 471 Indian Penal Code.

It has been submitted on behalf of the petitioner that after being appointed as ANM by Civil Surgeon, Purnea, in the year 1987, the petitioner has been working regularly. There is no complaint against her. Without issuing any show cause notice or initiating departmental proceeding, First Information Report has been lodged alleging that the appointment letter issued in favour of the petitioner vide letter no.665 dated 12.04.1987 has not been

Patna High Court Cr.Misc. No.8952 of 2017 (4) dt.01-08-2017 2/3 issued from the office of the Civil Surgeon, Purnea. The petitioner has asserted in para 11 of the bail petition that prior to lodging of the First Information Report, neither any show cause notice was issued to her nor any departmental proceeding has been initiated. She is still working and has already served the department for about 30 years. In the facts and circumstances of the case, prayer of the petitioners 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 Bagaha P.S. Case No.

463 of 2016, 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 Additional Chief Judicial Magistrate, Bagaha, West Champaran, subject to the conditions as laid down under Section 438(2) Cr. P. C.

Patna High Court Cr.Misc. No.8952 of 2017 (4) dt.01-08-2017 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