Chanda Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90035 of 2024 Arising Out of PS. Case No.-36 Year-2024 Thana- Bahoranpur District- Bhojpur ====================================================== Chanda Devi W/O Binod Sah Village - Gaura, P.S. -Bahoranpur, Dist.- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Indrajesh Kumar, Advocate For the State :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-01-2025 Heard learned counsels for the parties.

2. The petitioner apprehends her arrest in a case registered for the offence punishable under Sections 420, 406 and 409 of the Indian Penal Code and Section 125(A)(3) of the Bihar Panchayati Raj Act.

3. As per prosecution case, it is alleged that this petitioner, on the basis of forged bio-data and affidavit got elected as Member of Panchayat Samiti Block- Shahpur.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is innocent and has committed no offence. As a matter of fact, before the cut-off date of filing of the nomination papers i.e. 25.11.2021, the petitioner had already resigned from the post of community mobilizer on 18.11.2021 and as such, she has committed no

Patna High Court CR. MISC. No.90035 of 2024(2) dt.30-01-2025 2/2 offence. Moreover, petitioner has already been removed from the post of Member of Panchayat Samiti vide order dated 12.06.2024. Petitioner is a lady and claims clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the aforesaid facts and circumstances, nature of accusation, the fact that petitioner is a lady and has got no criminal antecedents, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate First Class, Bhojpur at Ara in connection with Bahoranpur P.S. Case No. 36 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashank/- U T