Nashima Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84718 of 2023 Arising Out of PS. Case No.-42 Year-2023 Thana- BASOPATTI District- Madhubani ====================================================== Nashima Khatoon D/O A. Ajij Nadaf, W/O Md. Ali Nadaf R/O VillageNagdah Balain, P.S- Banipatti, Distt.- Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Superintendent Of Vigilance, Government Of Bihar, Patna. Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Subhash Kumar Jha, Advocate For the Opposite Party/s :

Mr. Murli Dhar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 09-04-2024 Heard Mr. Subhash Kumar Jha, learned counsel appearing on behalf of the petitioners and Mr. Murli Dhar, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Basopatti P.S. Case No. 42 of 2023, registered for the offence punishable under Sections 420, 468, 467, 471 and 120(B) of the Indian Penal Code.

3. Taking into consideration the nature of allegation made against the petitioner and desire of the petitioner that petitioner will file and affidavit along with the resignation which she has tendered before the District Programme Officer (Establishment), Madhubani.

4. The District Programme Officer (Establishment),

Patna High Court CR. MISC. No.84718 of 2023(4) dt.09-04-2024 2/2 Madhubani is directed to submit a report relating to the termination of the petitioner from service by filing an affidavit before the learned District Court that petitioner has already been terminated from the service of the Panchayat Teacher.

5. Till the report is submitted, the petitioner, if so advised, may seek provisional bail before the District Court and the District Court, on the basis of affidavit filed on behalf of the petitioner, may grant provisional bail on such terms and conditions as the learned District Court deems fit and proper.

6. In case the petitioner has been terminated then the provisional bail granted to the petitioner shall be made absolute on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 5th, Madhubani, in connection with Basopatti P.S. Case No. 42 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C..

7. Accordingly, the present bail application is disposed of.

(Purnendu Singh, J) Niraj/- U T