Madhu Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.175 of 2023 Arising Out of PS. Case No.-240 Year-2022 Thana- CHANPATIA District- West Champaran ====================================================== MADHU DEVI Wife of Sanjeev Kumar Mahto R/v- Akarhiya (Ekrahiya), P.S.- Chanpatia (Sirisiya O.P.), District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-05-2023 Heard the parties.

The petitioner apprehends her arrest in connection with Chanpatia ( Sirisiya O.P. ) PS Case No. 240 / 2022 dated 26-5-2022 registered under Section 420 / 467 / 468 / 471 of the IPC.

As per the FIR the petitioner participated in the selection process for appointment of "Anganbari Sevika" in the year 2016 and produced Matriculation Certificate issued by the Bihar School Examination Board having the date of birth of the petitioner mentioned as 3-2-1995 in which she was not selected. Again, in the year 2019, when the selection process for the aforesaid post initiated, the petitioner this time submitted certificate issued by Madhyama Board in which the date of birth of the petitioner has been mentioned as 1-1-1994. The allegation

Patna High Court CR. MISC. No.175 of 2023(2) dt.18-05-2023 2/3 is that two certificates were produced by the petitioner for the selection process having different date of birth. Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and for the purpose of improving her educational expertise the petitioner has appeared from two Boards at different point of time. He next submits that the petitioner has been terminated from the post of Anganbari Sevika by order dated 7-10-2020 passed by the District Programme Officer, West Champaran, Bettiah. The allegation against the petitioner is documents based and custodial interrogation of the petitioner may not be necessary. The petitioner is a lady.

Regard being had to the submission made by the parties, taking into consideration the material on record, the fact that petitioner is a lady, allegation against the petitioner is based upon documents, there is no likelihood that the petitioner will abscond or tamper with the evidence, I am inclined to grant anticipatory bail to the petitioner.

Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10000/- (rupees ten thousand) with

Patna High Court CR. MISC. No.175 of 2023(2) dt.18-05-2023 3/3 two sureties of the like amount each to the satisfaction of C.J.M., Bettiah, West Champaran in connection with Chanpatia (Sirisiya O.P.) PS Case No. 240 / 2022 subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anil Kumar Sinha, J) praful/- U T