Salta Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5126 of 2024 Arising Out of PS. Case No.-316 Year-2016 Thana- GORAUL District- Vaishali ====================================================== Salta Kumari W/O SHANKAR JAIKISAN @ PAPPU KUMAR VILLAGEMAKSUDPUR, PS. FATUHA, DIST. PATNA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Goraul P.S. Case No. 316 of 2016 registered under Sections 465, 467, 468, 471 and 409/34 of the Indian Penal Code lodged on 22.12.2016 by the informant, Satyendra Kumar Gupta.

3. As per the prosecution story, one Dr. Satyendra Kumar Gupta lodged the FIR in the year 2016 alleging that three ANM (R) were appointed on the contract basis in the year 2008. Later, the certificates were sent for verification and the Bihar Nurses Registration Council found the same to be fake. The authorities demanded the payments made to the lady which included the petitioner but as they failed to do so, the FIR.

Patna High Court CR. MISC. No.5126 of 2024(2) dt.20-02-2024 2/3

4. Learned counsel for the petitioner submits that she was unaware of the lodging of the FIR, delay occurred but the fact remains that she has worked but the authorities demanded money which she failed to pay whereafter the case. The submission is that two others similarly situated co-accused persons/A.N.M.s were granted the relief. Unfortunately, since her earlier anticipatory bail applications were rejected, she failed to get the said relief.

5. Learned APP on the other hand, opposes the prayer for anticipatory bail and submits that she may not be aware of the case earlier but later since the year 2021, she has preferred one after another anticipatory bail as would reflect from paragraph-18 and despite the rejection, she has not chosen to surrender and thus is not entitled for relief.

6. Considering the fact that already two anticipatory bail applications of the petitioner have been rejected, she cannot be granted any relief in her third attempt especially when the case is of the year 2015 which is accordingly rejected.

7. However, the petitioner is well advised to surrender and seek bail and in case, she surrenders within four weeks weeks from today, the Court concerned shall see to it that similarly situate other co-accused persons have been extended

Patna High Court CR. MISC. No.5126 of 2024(2) dt.20-02-2024 3/3 the relief and accordingly will pass an order preferably on the same day without taking into consideration any observation made in the present petition.

(Rajiv Roy, J) Jagdish/- U