Chandani Kuamri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73880 of 2023 Arising Out of PS. Case No.-194 Year-2023 Thana- BARHARA KOTHI District- Purnia ====================================================== CHANDANI KUAMRI W/o Chandan Kumar Mandal R/o vill - Navtolia Baghwa ward no. 9, P.S. - Barhara Kothi, Distt. - Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 09-11-2023 Heard Mr. Ram Prawesh Kumar, learned counsel for the petitioner and Mr. Parmeshwar Mehta, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending her arrest in connection with Barhara P.S. Case No. 194 of 2023 F.I.R. dated 12.05.2023 registered for the offences punishable under Sections 467, 468, 471, 420 of the Indian Penal Code.

3. Allegation against the petitioner is that she has obtained the post of Anganwari Sevika in Bal Vikash Pariyojna (Child Development Project) by submitting fake educational certificate.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and she has falsely been implicated in the present case. He further submits that the

Patna High Court CR. MISC. No.73880 of 2023(2) dt.09-11-2023 2/3 allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. and the petitioner has been terminated from the post of Anganwari Sevika by order dated 06.04.2023 by the Child Development Project Officer, Purnea and also directed to deposit the remuneration as she has received during his tenure and pursuant to that letter, the petitioner has deposited the amount of Rs. 1,08,084/-.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts that the petitioner having clean antecedent and she has deposited the amount which she received during his tenure, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order. be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Barhara PS. Case No. 194 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following

Patna High Court CR. MISC. No.73880 of 2023(2) dt.09-11-2023 3/3 conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on her absence on two consecutive dates without sufficient reason, her bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U