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Patna High CourtCR. MISC./49376/2014bail granted

Bina Rani v. The State Of Bihar

2015-03-20Mr. Justice Mungeshwar Sahoo3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41840 of 2014 Arising Out of PS.Case No. -123 Year- 2014 Thana -KHARAGPUR District- MUNGER ======================================================

1. Anjali Kumari Wife of Sri Ajay Yadav, Resident of Village- Murade, P.S.- Kharagpur, District- Munger.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.49376 of 2014 Arising Out of PS.Case No. -123 Year- 2014 Thana -KHARAGPUR District- MUNGER ======================================================

1. Bina Rani Wife of Subodh Kumar Sinha, Resident of Mohalla-Tilka Manjhi,P.S-Tilka Manjhi,District-Bhagalpur.

.... .... Petitioner/s

Versus

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

(In Cr.Misc. No.41840 of 2014) For the Petitioner/s : Mr. Prem Chand Yadav For the Opposite Party/s : Mr. Sucheta Yadav (App) (In Cr.Misc. No.49376 of 2014) For the Petitioner/s : Mr. Lakshmi Kant Sharma For the Opposite Party/s : Mr. Ashraf Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 20-03-2015 Heard learned counsel for the petitioners, namely, Anjali Kumar (in Cr.Misc.No.41840 of 2014) and Bina Rani (in Cr.Misc.No.49376 of 2014) and learned A.P.P. for the State. Both the petitioners apprehend their arrest in Kharagpur P.S. Case No.123 of 2014 under Sections 420,467, 468

Patna High Court Cr.Misc. No.41840 of 2014 (2) dt.20-03-2015 and 471 of the Indian Penal Code.

It appears that the F.I.R. was lodged on the direction of the S.D.O. after enquiry on the basis of an allegation made by unsuccessful lady, who alleged that the petitioner Anjali Kumari got the job of 'Anganbari Sevika' on the basis of forged matriculation certificate.

The learned counsel for the petitioner Anjali Kumari submitted that after the enquiry the petitioner was removed from the service and then she filed the appeal before the Deputy Director, Welfare, Munger Division and the appellate authority had set aside the order removing the petitioner from the service and her job has been confirmed as 'Anganbari Sevika'. The order was passed by the Deputy Director, Welfare at the time of hearing of bail application.

So far the another petitioner Bina Rani is concerned, she was C.D.P.O. and was a member in the Appointment Committee by which the petitioner Anjali Kumari was appointed and, therefore, she has also been made accused in this P.S. case in course of investigation.

In view of the aforesaid facts and circumstances of the case and the nature of allegation and the fact that both the petitioners are ladies, I direct the petitioners to surrender before

Patna High Court Cr.Misc. No.41840 of 2014 (2) dt.20-03-2015 the court below within one month from today and on their so surrendering the petitioners shall be released on bail on furnishing bail bonds of Rs.5,000/-(rupees five thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger in connection with Kharagpur P.S. Case No.123 of 2014.

(Mungeshwar Sahoo, J) Harish/- U