Babita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2428 of 2018 Arising Out of PS.Case No. -45 Year- 2017 Thana -CHANDAN District- BANKA ======================================================

1. Babita Kumari, W/o Mantu Kumar Yadav @ Mantu Yadav, Resident of Village-Habridih, Police Station-Katoria, District-Banka. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Mukherjee For the Opposite Party/s : Mr. Sri Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-01-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Chandan P.S. Case No. 45 of 2017 instituted for the offence under Sections-420, 468 of the Indian Penal Code and Section-136(1) of Representation of the People Act, 1951.

It has been submitted that work of preparation of voters list was being done by vendor M/S Creative, Banka. There is allegation that name of this petitioner was inserted in the voters list of Gram Panchayat Dhanusbar North Ward No. 7 under Sl. No. 665. An enquiry was made by the BDO, Chanan, in which, allegation was found true and thereafter, the case has been lodged.

Counsel for the petitioner has submitted that work of preparation of voters list was being done by vendor M/S Creative,

Patna High Court Cr.Misc. No.2428 of 2018 (2) dt.17-01-2018 2/2 Banka. The petitioner has no concern with entering the name in the voter list. It has further been submitted that co-accused Anjay Kumar with similar allegation has been granted anticipatory bail by a coordinate bench of this court vide order dated 13-07-2017 Passed in Cr. Misc. No. 32072 of 2017.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of her arrest or surrender in the court below within six 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 in Chandan P.S. Case No. 45 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Banka 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 each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will liable to cancel bail bond of the petitioner 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.