Guriya Kumari And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.79842 of 2018 Arising Out of PS. Case No.-260 Year-2018 Thana- BASANTPUR District- Siwan ======================================================
1. Guriya Kumari and Ors W/o Dinesh Kumar Gupta
2. Dinesh Kumar Gupta, S/o Shivnath Sah
3. Baliram Kumar Gupta, S/o Gaya Sah
4. Oshima Khatoon, W/o Manjoor Alam Ansari All are R/o Village-Parauli Tola Lacchua, P.S.-Basantpur Lakri Nabiganj O.P. District-Siwan. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kr Singh No.1 For the Opposite Party/s :
Mr.Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 16-01-2019 The petitioners seek bail in anticipation of their arrest in connection with Basantpur P.S. Case No. 260 of 2018 dated 07.08.2018 instituted for the offences under Sections 420, 468, 504, 506/34 of the Indian Penal Code. The petitioner No. 1 was one of the applicants for being appointed as Aanganbari Sevika whereas petitioner No. 2 is the husband of petitioner No. 1. Petitioner Nos. 3 and 4 are Ward Members who are alleged to have helped the petitioner No. 1 in procuring forged/fake educational certificates. The allegation in the F.I.R lodged by one of the candidates desirous of being appointed as Aanganbari Sevika
Patna High Court Cr.Misc. No.79842 of 2018(2) dt.16-01-2019 2/3 is that by virtue of forged certificate, an attempt was made by petitioner No. 1, with the help of petitioner Nos. 2, 3 and 4 to obtain appointment.
The learned counsel for the petitioners has further submitted that if any irregularity was found in the appointment process, there was a forum for giving vent to the grievances of the aggrieved party. Instead of approaching the aforesaid forum, the criminal law has been set in motion. It has further been argued that petitioner No. 1 has not been appointed as Aanganbari Sevika because of the dispute regarding her candidature as well as the marks obtained by her.
Regard being had to the aforesaid facts, the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, are directed to be released on bail on their furnishing bail bonds of Rs. 10,000/-(ten thousands) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Basantpur P.S. Case No. 260 of 2018,
Patna High Court Cr.Misc. No.79842 of 2018(2) dt.16-01-2019 3/3 subject to the conditions laid down under Section 438(2) of the Cr.P.C.
(Ashutosh Kumar, J) Shageer/- U T