Kiran Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15993 of 2017 Arising Out of PS.Case No. -662 Year- 2016 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================
1. Kiran Kumari D/o Sri Arjun Mandal , Resident of VillageRaghunathpur, P.S.- Bariyapur, District- Munger, at present address Village- Bahattra, P.S.- Parbatta, District- Bhagalpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Lalan Kumar For the Opposite Party/s : Mr. Sri Umeshnand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-05-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends her arrest in Kotwali (Adampur) P.S. Case No. 662 of 2016 instituted for the offence under Sections-420, 467, 409, 468 471, 120B of the Indian Penal Code.
It is alleged in the written report, that in terms of order of the Hon'ble Patna High Court passed in CWJC No. 15459 of 2014, the inquiry of certificate of contractual teachers of Panchayat Khairpur Kadwa, Naugachia Block was made and it was found that this petitioner gave application for appointment by giving wrong father's name and caste certificate. The name of this petitioner appears in serial No. 43 in the FIR.
Patna High Court Cr.Misc. No.15993 of 2017 (2) dt.03-05-2017 2/3 It has been submitted on behalf of the petitioner that due to fault of uploading clerk, the father's name was wrongly entered in the computer. It appears that FIR has been lodged with allegation that she belongs to EBC and her father's name is Arjun Mandal. In support of such submission, the attention of this court was drawn towards her matriculation certificate issued on 10-072007 wherein her father has been mentioned as Arjun Mandal and the caste certificate dated 26-08-2013 wherein also her father's name is Arjun Mandal. It is mentioned in the certificate that she belongs to EBC.
In such circumstances, prayer for anticipatory bail is allowed it is ordered that the petitioner named above, in the event of her arrest or surrender in the court below within four weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Kotwali (Adampur) P.S. Case No. 662 of 2016 to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur subject to condition as laid down u/S 438(2) of the Cr.P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned,
(2) petitioner shall cooperate in the trial and shall be present on
Patna High Court Cr.Misc. No.15993 of 2017 (2) dt.03-05-2017 3/3 each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioners and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Sanjay Priya, J) A.K.V./- U T