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Patna High CourtCR. MISC./71929/2024allowed

Mira Kumari @ Meera Kumari v. The State Of Bihar

2025-01-31Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71929 of 2024 In CRIMINAL MISCELLANEOUS No.33699 of 2022 Arising Out of PS. Case No.-22 Year-2022 Thana- MASHRAK District- Saran ====================================================== Mira Kumari @ Meera Kumari D/O- Bikarma Manjhi @ Vikarma Manjhi, Wife of Jainath Manjhi R/O-Village- Padmaul, P.S.- Mashrakh Dist.- Saran ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Prabhakar Singh, Advocate For the Opposite Party :

Mr.Umanath Mishra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. This petition has been filed for modification of order dated 20.10.2022, passed in Cr.Misc. No. 33699/2022 by this Court.

3. Learned counsel for the petitioner submits that the petitioner has already been terminated from service by order dated 18.9.2023 vide Letter No. 277, passed by Block Panchayat Rai Officer cum Secretary, Block Employment Unit, Mashrakh, District Saran. Besides this, petitioner is a poor lady belonging to a marginal society, she has no land to sell out for payment of entire emoluments in 24 instalments and presently she is on the verge of starvation because of unemployment. It is also the case of the petitioner that without knowledge of the petitioner, the learned advocate representing her, made submission before the court while passing said order that petitioner is ready to refund emoluments received during tenure as Panchayat Teacher in 24 monthly instalments.

Patna High Court CR. MISC. No.71929 of 2024(6) dt.31-01-2025 2/2

4. In view of the facts of the case pressed by learned counsel for the petitioner, condition of bail 'that the petitioner shall deposit the said amount in the court below in 24 monthly installments, receipt of first refund shall be deposited at the time of furnishing bail bond. Said deposit would be subject to the final result of the case.' is accordingly waived, subject to condition that petitioner shall deposit Rs. 5,000/- (Rupees five thousand) in the office of concerned District Legal Services Authority and shall furnish its receipt with the bail-bond. Time period to surrender and to furnish bail bond is extended by further six weeks.

5. Said order is modified to the extent indicated above. Modification petition stands allowed.

Shashi (Prabhat Kumar Singh, J) U T