The High Court of Judicature at Patna granted anticipatory bail to the petitioner, an ANM accused of cheating and forgery, directing release upon surrender within four weeks and furnishing bail bonds.
Released on bail upon surrender within four weeks by furnishing bail bonds of Rs. 10,000 with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36338 of 2021
Arising Out of PS. Case No.-318 Year-2019 Thana- KARAKAT District- Rohtas
======================================================
Smt. Parbati Kumari, aged about 60 years, female, W/o Ram Sundar Bhagat (wrongly typed as 58 years in the impugned order dated 08-02-2021), R/o Village/Moh.-Ghusia Kalan, P.S.-Bikramganj, District-Rohtas.
... ... Petitioner/S
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Ajit Ranjan Kumar, Adv. For the Opposite Party/s : Mr. B.N. Pandey, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL ORDER
2 22-01-2022 Heard the counsel for the parties.
The petitioner seeks bail in anticipation of her
arrest in connection with Karakat P.S. Case No. 318 of 2019, dated 07.12.2019, instituted for the offences under Sections 419, 420, 467, 468 and 34 of the Indian Penal Code.
The accusation against the petitioner is of having procured the service of A.N.M. on a forged and fabricated
Patna High Court CR. MISC. No.36338 of 2021(2) dt.22-01-2022 2/3
certificate.
It has been submitted on behalf of the petitioner that she has been working as A.N.M. for the last several years but only recently, such a charge has been levelled against her. There has been a departmental order of recovery of salary and the petitioner has been terminated from service as well. It has further been submitted that the accusation against the petitioner is absolutely incorrect.
One of the similarly situated accused persons of this case, namely, Urmila Devi has been granted anticipatory bail by this Court vide order dated 20.01.2022 passed in Cr. Misc. No. 33971 of 2021.
Be that as it may, looking into the accusation and the fact that there has been an order for recovery of the salary paid to the petitioner up-till now and her services having been terminated as also the grant of anticipatory bail to the other similarly situated accused person, the petitioner, in the event of her arrest or surrender before the learned Court below within a period of four weeks, is directed to be released on bail on her furnishing bail-bonds in the sum of
Patna High Court CR. MISC. No.36338 of 2021(2) dt.22-01-2022 3/3
Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Karakat P.S. Case No. 318 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
The application stands allowed.
(Ashutosh Kumar, J)
Praveen-II/-
U T
1 issue framed by the court
Whether the petitioner is eligible for anticipatory bail in a case involving cheating and forgery.
Smt. Parbati Kumari
The State of Bihar
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
