Manwara Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 26161 of 2017 Arising Out of PS.Case No. -65 Year- 2016 Thana -MANSAHI District- KATIHAR =========================================================== Manwara Khatoon, W/o Sahebjan, R/o Lahsa, P.S.- Mansahi, District- Katihar. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s =========================================================== Appearance :
For the Petitioner/s :
Mr.
For the Opposite Party/s :
Mr.
=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 01-07-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in Mansahi P.S. Case No. 65 of 2016 dated 03.10.2016 instituted under Sections 406/420/467/468/471 of the Indian Penal Code.
3. The allegation against the petitioner is that she had submitted a forged handicapped certificate in the office of the Block Development Officer, Mansahi, for getting benefit.
4. Learned counsel for the petitioner submitted that she is 90% handicapped and under bona fide belief submitted the certificate in the office of the B.D.O. but later on the moment she came to know that the certificate was not genuine, she along with other similarly situated persons had informed the B.D.O., who in turn
Patna High Court Cr.Misc. No.26161 of 2017 dt.01-07-2017 2/3 sent the certificates to the Civil Surgeon, Katihar, pursuant to which the certificates have been found to be forged and criminal proceeding instituted. It was further submitted that similarly situated persons have been granted the privilege of anticipatory bail by the Court below. In this connection, attention of the Court was drawn to order dated 05.01.2017 of the Sessions Judge, Katihar in Anticipatory Bail Application No. 1906 of 2016 by which co-accused Mustmina Devi and Ali Murtaza, have been granted anticipatory bail.
5. Learned A.P.P. submitted that the petitioner has submitted forged certificate.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, VIth, Katihar in Mansahi P.S. Case No. 65 of 2016, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
7. The petitioner shall give an undertaking to the Court that she shall not indulge in any criminal activity. Any violation of the terms and conditions of the undertaking shall lead to cancellation of her bail bonds. The petitioner shall cooperate in the
Patna High Court Cr.Misc. No.26161 of 2017 dt.01-07-2017 3/3 trial and be present before the Court on each and every date. Failure to cooperate or appear on two consecutive dates, without sufficient cause, shall also lead to cancellation of her bail bonds. (Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U T