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Patna High CourtCR. MISC./63862/2022allowed

Rupam Kumari @ Rupma Kumari v. The State Of Bihar

2023-02-24Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63862 of 2022 Arising Out of PS. Case No.-121 Year-2017 Thana- NAWADA District- Nawada ====================================================== RUPAM KUMARI @ RUPMA KUMARI D/O RAJNISH KUMAR Resident of Village- Chandinama, P.S.- Warisalganj, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hansraj, Adv For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-02-2023 Heard the parties.

The petitioner apprehends her arrest in a case registered for the offence punishable under Sections 419, 420 of the Indian Penal Code and 3(x) of Bihar Conduct of Examination Act, 1981.

The prosecution case in brief is that on 01.03.2017 one Rupam Kumari was caught appearing in place of real candidate Rupama Kumari i.e. the petitioner, in the examination of English subject in first sitting at the examination centre, Gandhi Inter School, Nawada.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. She has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation

Patna High Court CR. MISC. No.63862 of 2022(2) dt.24-02-2023 2/2 levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner had no knowledge that anybody is appearing on her behalf and till date process has not been issued against her in the present case. He further submits that the petitioner is an unmarried girl. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) 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 Nawada Town P.S. Case No.121 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T