Manorma Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40373 of 2017 Arising Out of PS.Case No. -144 Year- 2016 Thana -KARPI District- JEHANABAD ======================================================
1. Manorma Kumari, daughter of Sri Brajesh Kumar, resident of VillageDaniyala, Police Station- Karpi in the district of Arwal. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar, Advocate For the Opposite Party/s : Mr. Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 5/ 31-01-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends her arrest in Karpi (Sahar Telpa) P.S. Case No.144 of 2016 instituted for the offence under Section(s) 420, 467, 468, 471, 472/34 Indian Penal Code. Counsel for the petitioner has submitted that she had applied for appointment to the post of Panchayat Teacher in her own handwriting by mentioning correct father's name in the application form. Father's name of the petitioner in each and every place was mentioned as Brajesh Kumar, but later on, application form of the petitioner was changed with oblique motive and malafide intention by the Panchayat Secretary, which will be apparent from the application form enclosed with the First
Patna High Court Cr.Misc. No.40373 of 2017 (5) dt.31-01-2018 2/3 Information Report at running page 48. There is also report of the BDO that application form has been changed. Counsel for the petitioner has further submitted that in matriculation certificate as well as in all other certificates, which are enclosed with the First Information Report, there is mention of petitioner's father name as Brajesh Kumar. Counsel for the petitioner has further pointed out that at running page 51, which is part of the First Information Report, appointment letter of the petitioner has been enclosed, wherein, father's name of the petitioner has been mentioned as Brajesh Kuamr.
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 Karpi (Sahar Telpa) P.S. Case No.144 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 Chief Judicial Magistrate, Arwal, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date
Patna High Court Cr.Misc. No.40373 of 2017 (5) dt.31-01-2018 3/3 fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) JA/- U T