Patna High CourtCR. MISC./9111/2023allowed

Mamta Kumari v. The State Of Bihar

2023-02-22Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9111 of 2023 In CRIMINAL MISCELLANEOUS No.43752 of 2022 Arising Out of PS. Case No.-193 Year-2022 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== MAMTA KUMARI W/O ANIL KUMAR JHA R/o- South of Pond, Horai Patti, Anantpur, P.S.- Bahadurpur, District- Darbhanga. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner :

Mr. Baidya Nath Thakur, Advocate For the Opposite Party/s :

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-02-2023 Heard both sides.

This modification application has been preferred on behalf of the petitioner for recalling the order dated 29.11.2022, passed in Cr. Misc. No.43752 of 2022 submitting that in the first and second line of page no.2 of the order dated 29.11.2022, on the instructions of his client, he had made wrong submission. Real fact of the matter is that the petitioner has not been discharging her duties in the school since 24.04.2022 as the Principal did not permit the petitioner to perform her official duties saying that the higher authorities have prevented her from doing so. On this instruction, learned counsel for the petitioner had submitted that petitioner has been terminated. In fact, no

Patna High Court CR. MISC. No.9111 of 2023(2) dt.22-02-2023 2/2 formal order of termination has been passed against the petitioner till date.

In such view of the matter, the order dated 29.11.2022, passed in Cr. Misc. No.43752 of 2022, granting anticipatory bail to the petitioner, is hereby recalled and if the petitioner surrenders before the learned court below within a period of six weeks from today and seeks regular bail, the same shall be considered preferably on the same day without being prejudiced by this order.

Accordingly, this modification application is disposed of.

(Anjani Kumar Sharan, J) S.KUMAR/- U T