Nilu Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49370 of 2015 Arising Out of PS.Case No. -5 Year- 2012 Thana -DHARHARA District- MUNGER ====================================================== Nilu Kumari wife of Late Keshri Kishore Singh, resident of villageOrabagicha, P.S. - Dharhara, Dist - Munger. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ranjeet Kumar Singh, Advocate For the Opposite Party/s : Mr. Raj Kishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 04-11-2015 Heard learned counsel for the petitioner. Despite repeated calls, none appears on behalf of the State. The petitioner seeks pre-arrest bail in connection with Dharhara P.S. Case No. 5 of 2012 registered under Sections 406, 409, 467, 468, 471 and 420 read with 34 of the Indian Penal Code. It is contended that the petitioner is not named in the FIR and her named surfaced during course of investigation. The petitioner was appointed to the post of Branch Post Master in the village Orabigha on compassionate ground and has been performing her duties to the satisfaction of all concern. The main accused, namely, Shiv Nandan Mandal, the then Mukhiya and Rakesh Kumar, Panchayat Rozgar Sewak of Gram Panchayat Raj Orabigha have already been granted anticipatory bail by different Benches of this Court vide orders dated 30.1.2013 and 3.3.2014

Patna High Court Cr.Misc. No.49370 of 2015 (2) dt.04-11-2015 2/2 passed in Cr. Misc. No.42465 of 2012 and Cr. Misc. No.34046 of 2013 respectively. It is further contended that another co-accused whose name surfaced during investigation, namely, Sushil Kumar Pandey, Executive Engineer has also been granted anticipatory bail by a Bench of this Court vide order dated 2.9.2013 passed in Cr. Misc. No.24283 of 2013.

Regard being had to the facts and circumstances of the case and the reasons assigned in the aforesaid orders passed by this Court as contained in annexures 2 and 3 of the present application, in the event of arrest or surrender in the court below within four weeks from today, the above named petitioner is directed to 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 learned Chief Judicial Magistrate, Munger in connection with Dharhara P.S. Case No.5 of 2012 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Md.S./- U T