Rina Kumari @ Rani Kumari And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32228 of 2014 Arising Out of PS.Case No. -121 Year- 2014 Thana -DURGAWATI District- BHABHUA (KAIMUR) ======================================================

1. Rina Kumari @ Rani Kumari Daughter of Mithu Prasad Resident of Village - Goraipur, P.S. Bhabhua, District - Kaimur.

2. Chameli Kumari @ Chameli Devi daughter of Keshi Ram Resident of Village Dhanihari P.S. Durgawati District - Kaimur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Arabind Nath Pandey For the Opposite Party/s : Mr. Arvind Kr.Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-02-2015 Supplementary affidavit is filed on behalf of the petitioners.

Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in a case registered under sections 420, 467 and 468 of the Indian Penal Code. Admittedly, petitioners were appointed on the post of Auxiliary Nurse Midwifery for the period of one year and during the period of their tenure they withdrew amount towards their salary but allegedly their certificates were found fake after inquiry and verification.

Patna High Court Cr.Misc. No.32228 of 2014 (3) dt.06-02-2015 2/2 The contention on behalf of the petitioners is that they have already been removed from service and order of recovery has also been made against them and moreover, without giving any opportunity to challenge the inquiry as well as verification reports, the petitioners were removed from their services. It is also pointed out that having similar allegation one co-accused Nilam Kumari has already been granted privilege of anticipatory bail by a co-ordinate Bench of this Court vide order dated 03.02.2014 passed in Cr. Misc. No. 31531 of 2014.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kaimur at Bhabhua in Durawati Police Station Case no. 121 of 2014, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) Namita/- U