Tara Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73115 of 2018 Arising Out of PS. Case No.-175 Year-2014 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== Tara Devi, Wife of Sri Chandrashekhar Sah, Resident of Village- Sakirana, P.S.- Kusheshwar Asthan, District- Darbhanga. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sanjeet Kumar Singh For the Opposite Party/s :

Mr. Sri Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-12-2018 Heard learned counsel for the parties.

The application for anticipatory bail arises out of Kusheshwar Asthan P.S. Case No. 175 of 2014, disclosing offences under Sections 420, 467, 468, 471 and 409 of the Indian Penal Code.

The petitioner was appointed as Anganwari Sevika. It is alleged that she secured her appointment as Anganwari Sevika on the basis of a forged caste certificate and a certificate in relation to her date of birth.

Learned counsel, appearing on behalf of the petitioner, has submitted that the dispute in respect of the petitioner's caste has subsequently been resolved in an inquiry and the petitioner has been fond to be belonging to Kanu caste,

Patna High Court Cr.Misc. No.73115 of 2018(2) dt.19-12-2018 2/2 which is a caste in Schedule-1 of the other backward classes. Considering the nature of allegation, as noted above, this application is allowed. Let the petitioner above named, in the event of her arrest/surrender within six weeks from today in the court below, 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 Sri Kumar Sudhanshu, Judicial Magistrate, 1st Class, Biraul, Darbhanga, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present herself before the Police/Court, as the case may be, as and when required and in the event of failure on her part to appear before the Court on two consecutive occasions, her bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) HR/- U T