Nutan Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87176 of 2024 Arising Out of PS. Case No.-17 Year-2018 Thana- CHAUTHAM District- Khagaria ====================================================== Nutan Kumari W/O Upendra Yadav R/O Village- Sarswa, P.S.- Chautham, Distt.- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar Singh For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in Chautham P.S. Case No. 17 of 2018 registered for the offences punishable under Sections 406, 420, 34 of the Indian Penal Code.

3. The prosecution case, in short, is that on 03.09.2017, petitioner and other co-accused prepared a wrong list of people of flood relief. The list of people contain the name of those people who are under age, unmarried and lived with his parents, the name of both husband and wife or the name of people who had job.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not

Patna High Court CR. MISC. No.87176 of 2024(2) dt.19-12-2024 2/2 specific rather general and omnibus in nature. He submits that there is no specific overt act against the petitioner. He further submits that the petitioner is in-charge of Anganwadi Centre at Panchayat-Sarswa and she has not prepared any list of the people for flood relief. The petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for anticipatory bail and submits that specific overt act has been attributed against the petitioner.

6. Considering the facts and circumstances of case and the nature of the offence, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

7. However, if the petitioner surrenders before the learned Court below within six weeks from today and seeks regular bail, the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order.

(Anjani Kumar Sharan, J) anand/- U T