The Single Judge rejected the petitioners' prayer for anticipatory bail due to a four-year delay and instead directed the lower court to consider regular bail if the petitioners, who face charges of forgery, surrender within six weeks.
Anticipatory bail denied; direction to lower court to consider regular bail if petitioners surrender within six weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41960 of 2015
Arising Out of PS.Case No. -448 Year- 2011 Thana -KHAZANIHAT District- PURNIA ====================================================== 1. Manjula Kumari Wife of Pankaj Kumar Ranjan Resident of Village - Punour, P.S. - Pasraha, District - Khagaria 2. Puja Kumari Wife of Baid Nath Sharma, Resident of Village - Chodhli, P.S. - Beldour, District - Khagaria .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.45490 of 2015 Arising Out of PS.Case No. -448 Year- 2011 Thana -KHAZANIHAT District- PURNIA ====================================================== 1. Punam Kumari Wife of Arvind Kumar Resident of Village - Tehash, P.S. Pasraha, District - Khagaria. .... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : (In Cr.Misc. No.41960 of 2015) For the Petitioner/s : Mr. Bijendra Kumar Singh For the Opposite Party/s : Mr. S.D.Singh Yadav(App) (In Cr.Misc. No.45490 of 2015) For the Petitioner/s : Mr. Bijendra Kumar Singh For the Opposite Party/s : Mr. Rina Sinha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 13-10-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under
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sections 420,467, 468 and 471 of the Indian Penal Code.
The prosecution case is that the petitioners got selected on the post of ANM in the hospital on the basis of forged Nursing Certificate.
It is submitted by the learned counsel for the petitioners that the petitioners were not actually appointed on the basis of said certificates and the certificates were issued by the Bihar Registration Nurses Council, Patna.
Considering the fact that the case was instituted in 2011 and the present application has been filed in 2015, this court is not inclined to grant anticipatory bail to the petitioners after four years but since the petitioners have actually not been appointed on the basis of forged certificates and they are ladies, it is a case for consideration of the prayer for regular bail of the petitioners by the learned court below in case the petitioners surrender within six weeks from today in connection with K. Hat P.S. Case No. 448 of 2011 pending in the court of learned CJM, Purnea.
This application is disposed of with the
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aforesaid observation/direction.
Anil/-
U T
(Dinesh Kumar Singh, J)
3 issues framed by the court
Whether anticipatory bail should be granted to the petitioners in a case involving charges of forgery and cheating arising from alleged appointment on forged certificates.
Whether regular bail should be directed to be considered by the learned court below in case the petitioners surrender within six weeks.
Whether the delay of four years between the institution of the case and the filing of the application precludes the grant of relief.
Manjula Kumari
Puja Kumari
Punam Kumari
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
