Jamila Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69915 of 2019 Arising Out of PS. Case No.-54 Year-2019 Thana- DHURAIYA District- Banka ====================================================== Jamila Khatoon W/o Alamgir Ansari @ Md. Alamgir Ex- Mukhiya, Gram Panchayat Raj Jaipur, R/o village- Rahmandih, P.S.- Dhoraiya, DistrictBanka ... ... Petitioner

Versus

1.

The State of Bihar 2.

Bipin Kumar, Police Inspector, Vigilance, Patna Son of Kameshwar Paswan Resident of Village Kajichak, P.S.- Bariyarpur, District- Munger. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr.Ranjeet Kumar Das No.2, Advocate For the State :

Mr.Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks pre-arrest bail in connection with Dhoraiya P. S. Case No.54 of 2019 registered under Sections 420, 467, 468, 471 and 120 B of the Indian Penal Code. Allegation against the petitioner is to have facilitated Renu Kumari in getting her appointment on the basis of forged and fabricated certificate.

Learned counsel for the petitioner submitted that the

Patna High Court CR. MISC. No.69915 of 2019(2) dt.27-11-2019 2/3 petitioner was Mukhiya of Jaipur Panchayat. At the relevant time, when the appointment of aforesaid Renu Kumari was made, there were five members in counselling including the petitioner. The certificate produced by Renu Kumari showed that she had obtained highest marks amongst the candidates and, accordingly, she was selected. There was no occasion to doubt the bona fide of the certificate at that stage. It is not the case of the prosecution that the petitioner was in the know of the fact that the certificate produced by Renu Kumari was forged and fabricated. Lastly, it is contended that three other co-accused, namely, Sudha, Basukinath Singh and Binod Kumar Singh have already been granted pre-arrest bail by different Benches of this Court in Cr. Misc. No. 67940 of 2019, Cr. Misc. No. 63423 of 2019 and Cr. Misc. No. 63363 of 2019 respectively. Learned Additional Public Prosecutor for the State has opposed the prayer for grant of pre-arrest bail to the petitioner.

Regard being had to the facts and circumstances of the case as also the submissions made above, in the event of arrest or surrender before the court below, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Rupees ten thousand) with two sureties of the

Patna High Court CR. MISC. No.69915 of 2019(2) dt.27-11-2019 3/3 like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Banka in Dhoraiya P. S. Case No.54 of 2019, subject to the conditions as laid down under Section 438

(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) kanchan/- U T