Punam Kumari v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15103 of 2018 Arising Out of PS.Case No. -236 Year- 2015 Thana -DHAKA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Punam Kumari, D/o Uday Narayan Ram, W/o Mukesh Kumar, Resident of Village- Nalua, Tola, P.O.- Balua, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Ajay Kumar @ Arun Kumar, Son of Ram Chandra Ram, Resident of Village- Balua Tola, Tola, P.O.- Balua, P.S.- Kundwa Chainpur, DistrictEast Champaran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pravin Kumar For the Opposite Party/s : Mr. Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 06-04-2018 Heard.

The petitioner apprehends arrest in connection with Dhaka P.S .Case No.236 of 2015 registered for an offence under Section 420 and other allied sections of the IPC. It has been alleged that this petitioner had applied for the post of Sewika on the basis of a certificate issued from the Bihar Sanskrit Shiksha Board, Patna in the year 2005 disclosing her father's name as Nagendra Rai who had only daughter, namely, Punam Kumari.

It has been submitted that the case has been compromised and the petitioner has not received any benefit. The other co-accused who are father and husband of the petitioner have been allowed anticipatory bail by a coordinate Bench of this

Patna High Court Cr.Misc. No.15103 of 2018 (2) dt.06-04-2018 2/2 Court in Cr.Misc.No.62364 of 2017.

Learned APP opposed the submissions.

Considering the aforesaid facts and circumstances, prayer for anticipatory bail is allowed. Let the above named petitioner in the event of her arrest or surrender before the court below within six weeks from today be released on anticipatory bail on furnishing bail bond of Rs.10,000/- ( ten thousand) with two sureties of the like amount each to the satisfaction of SDJMSikrahna at Dhaka, East Champaran in connection with Dhaka P.S.Case No.236 of 2015, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Sanjay Kumar, J) B.Kr./- U T