Usha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73642 of 2022 Arising Out of PS. Case No.-141 Year-2012 Thana- NAWADA District- Nawada ====================================================== USHA KUMARI WIFE OF CHAUDHARY VIKRAM SHAHI R/O VILLAGE- AFARDIH, P.S.- ARIYARI IN THE DISTRICT OF SHEIKHPURA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar, Adv.

For the Opposite Party/s :

Mr.Vinod Shanker Modi, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-02-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 419, 420, 120(B) of the Indian Penal Code and Section 10 of Bihar Control of Examination Act.

The prosecution story, in short, is that during course of examination on 02.04.2012, Usha Kumari D/o Umesh Chaudhary was caught who was appearing in the examination in place of Usha Kumari (petitioner) D/o Kallu Chaudhary. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely

Patna High Court CR. MISC. No.73642 of 2022(2) dt.03-02-2023 2/2 implicated in this case only on the basis of suspicion. The allegation levelled against the petitioner is false, fabricated and concocted. Though the case is of the year 2012 but the investigation in this case is going on and no charge-sheet has been submitted till date. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case and considering the delay in investigation, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Nawada (Town) P.S. Case No. 141 of 2012, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T