The High Court of Patna, in a criminal miscellaneous petition, allowed the prayer for anticipatory bail granted to Sushila Devi. She apprehended arrest in a case under section 420 IPC alleging administrative laches regarding genealogical tables.
Petitioner enlarged on bail on furnishing bond of Rs.10,000 with two sureties of like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29007 of 2020
Arising Out of PS. Case No.-122 Year-2020 Thana- KRITYANAND NAGAR DistrictPurnia
====================================================== Sushila Devi aged about 56 years W/O Late Laxmi Narayan Mandal Resident Of Village-Hafaniya Dansdar, P.S.-Jalalgarh, District-Purnea ... Petitioner Versus
The State Of Bihar ... Opposite Party
====================================================== Appearance : For the Petitioner : Mr. P.K. Shahi, Senior Advocate and Mr.Ram Prawesh Kumar, Advocate For the Opposite Party : Mr. Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor representing the State.
The petitioner apprehends arrest in a case registered for the offence punishable under section 420 and other ancillary sections of the Indian Penal Code.
As per the prosecution case, on the direction of the District Magistrate, Purnea FIR has been lodged against the petitioner and other accused persons on the allegation that without making proper physical verification, genealogical table was issued without cancelling the earlier table.
Learned counsel for the petitioner submits that the petitioner, a Halka Karmchari, is innocent and has falsely been implicated in this case as the instant case is a case of administrative laches. He submits that the petitioner, on the first
Patna High Court CR. MISC. No.29007 of 2020(7) dt.09-03-2021 2/2
application given by Bugli Devi, had made physical verification and said Bugli Devi handed over Aadhar card of her children. On the basis of these documents, first genealogical table was issued. Later on, said Bugli Devi wanted some correction in the age of the children and in support of the same she filed genealogical table issued by local Sarpanch due to which in good faith she issued the second genealogical table believing it to be correct and genuine. Petitioner is a widow and has got no criminal antecedent.
Considering the facts and circumstances of the case and the fact that the petitioner is a widow lady and has got no criminal antecedent, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within eight weeks, let the petitioner mentioned above 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 Chief Judicial Magistrate, Purnea in K.Nagar Police Station Case No. 122 of 2020, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J)
Shashi
U T
2 issues framed by the court
Whether bail should be granted to the petitioner who apprehends arrest in a case under section 420 IPC involving administrative laches?
What conditions and bounty are applicable for the petitioner's bail?
2 provisions across 2 enactments
Sushila Devi
The State Of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
