Babita Kumari @ Babira Kumari v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6650 of 2018 Arising Out of PS. Case No.-449 Year-2017 Thana- GOGRI District- Khagaria ====================================================== Babita Kumari @ Babira Kumari, daughter of Late Jagroop Pandit, wife of Mukesh Kumar, resident of village- Dina Chakla, Police Station Pasraha, district- Khagaria ... ... Petitioner

Versus

1. The State of Bihar

2. The Inspector, Vigilance Investigation Bureau, Muzaffarpur Region ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Y.C. Verma, Sr. Adv.

Mr. Ashutosh Kumar, Adv.

For the Opposite Party/s :

Mr. A.P.P.

Mr. Rakesh Kumar Sharma, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 13-02-2018 Heard Sri Y.C.Verma, learned Senior Counsel, assisted by Sri Ashutosh Kumar, learned counsel for the petitioner, learned Addl. Public Prosecutor as well as Sri Rakesh Kumar Sharma, learned counsel appearing on behalf of Vigilance Investigation Bureau.

The sole petitioner, apprehending her arrest in Gogari P.S. Case No.449 of 2017 registered for the offence under Sections 406, 420, 467, 468, 471,120(B) of the Indian Penal Code, has prayed for grant of bail, in the event of her arrest or surrender. It was submitted by learned counsel for the petitioner that on false accusation, the petitioner has been made accused as if on discharging of duty as Shiksha Mitra, she has also attended

Patna High Court Cr.Misc. No.6650 of 2018(2) dt.13-02-2018 2/2 classes of Intermediate and, as such, a prayer has been made for extending the privilege of anticipatory bail. Learned counsel appearing on behalf of Vigilance Investigation Bureau has opposed the prayer for anticipatory bail.

However, considering the nature of accusation, particularly the fact that the allegation pertains to an offence, which was committed prior to the year 2005, the Court is of the opinion that it is a fit case for extending the privilege of anticipatory bail. Accordingly, in the event of her arrest or surrender within a period of six weeks from today, let the petitioner, namely, Babita Kumari @ Babira Kumari be enlarged 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, Khagaria in connection with Gogari P.S. Case No.449 of 2017, subject to condition as laid down in Section 438(2) of the Code of Criminal Procedure. (Rakesh Kumar, J) nawalkrs/- U T