Lipsi Devi @ Upasi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71787 of 2023 Arising Out of PS. Case No.-698 Year-2018 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== Lipsi Devi @ Upasi Devi Wife Of Ramji Mandal R/O Village- Basantpur, Devgaon, P.S.- Ajamnagar, District- Katihar ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Ambika Kumari Wife Of Jayant Kumar Mandal R/O Village- Basantpur, P.S.- Ajamnagar, District- Katihar.

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

For the Petitioner/s :

Mr. Bimal Kumar, Advocate.

For the Opposite Party/s :

Dr. Ajeet Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-01-2024 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with C.A. Case No. 698 of 2018 registered for the offence punishable u/ss 420 read with 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner is the ward member of the Gram Panchayat Raj, Devgaon and the

Patna High Court CR. MISC. No.71787 of 2023(2) dt.08-01-2024 2/3 co-accused person, Rukmani Kumari was selected as Anganbari Sahayika by the petitioner.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is further submitted that there there is no specific allegation against the petitioner rather the allegation is general and omnibus in nature. It is further submitted that the petitioner is a lady who is the ward member. The co-accused person has already granted anticipatory bail by the Coordinate Bench of this court vide order dated 01.11.2023 passed in Cr. Misc. No. 70222 of 2023. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Katihar in

Patna High Court CR. MISC. No.71787 of 2023(2) dt.08-01-2024 3/3 connection with C.A. Case No. 698 of 2018, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) Nilmani/- U T