Sudha Rani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72139 of 2021 Arising Out of PS. Case No.-918 Year-2020 Thana- BIHTA District- Patna ====================================================== 1.
SUDHA RANI W/o Shashi Kumar Verma Resident of Village - Khedalpura, P.S.- Bihta, Distt.- Patna.
2.
Shashi Kumar Verma Son of Late Harendra Kumar Verma Resident of Village - Khedalpura, P.S.- Bihta, Distt.- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar, Advocate For the Opposite Party/s :
Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-08-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 323, 379, 406, 420, 504, 506, 467, 471 and 120(B) of the Indian Penal Code.
Learned counsel for the petitioners submits that petitioners are persons with clean antecedent, petitioner no. 1 is a woman and the complainant alleges that petitioner no. 1 was introduced to the complainant as having acquaintance with the Minister and thus she could get her appointed on the post of teacher, on account of which the complainant gave Rs. 6 lakh to
Patna High Court CR. MISC. No.72139 of 2021(3) dt.03-08-2022 2/3 the petitioner no. 1. It is next alleged that when for a long time the complainant did not get a job she asked for her money on which petitioner no. 1 gave her forged appointment letter dated 30.04.2019, it is next alleged that even the complainant was assaulted and threatened by the petitioner.
Learned counsel for the petitioners submits that from perusal of the allegation as alleged in complaint petition, it would manifest that admittedly the amount which is alleged to have been given to the petitioner no. 1 was given in the year 2017, thereafter in 2020 the complaint came to be filed i.e., after a delay of 3 years, it is further submitted that though it is alleged that forged appointment letter was given to the complainant but then it is not the case of the complainant that in pursuance of the said forged letter she went to give her joining and thereafter she came to know that the letter was forged.
Learned counsel submits that petitioner no.1 never gave any letter of appointment to the complainant, the said allegation has been made only to ensure that the delay can be explained in filing the complaint, the learned counsel next submits that if what has been alleged in the complaint petition is true then the complainant herself becomes an accomplice for the reason that she was also a party to an illegality as she was
Patna High Court CR. MISC. No.72139 of 2021(3) dt.03-08-2022 3/3 claiming job through back door on the strength of bribe which in itself is an offence.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bihta P.S. Case No. 918 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Shivam/- U T