Preety Kumari @ Preeti Kumari Vs the State of Bihar — Patna HC (2024) — LawSathi Research

Preety Kumari @ Preeti Kumari Vs the State of Bihar — Patna HC (2024) — LawSathi Research

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.78389 of 2023

Arising Out of PS. Case No.-5 Year-2013 Thana- KISHANGANJ District- Kishanganj

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1. PREETY KUMARI @ PREETI KUMARI D/o Indradeo Sahu, w/o Rakesh Paswan Posted At Singhimari Dighal Bank. R/o vill - Mohabbatpur, P.S. - Shekhopur Sarai, Distt. - Sheikhpura

Anita Kumari D/o Satish Paswan, W/o Rajesh Ranjan Paswan Posted at Hattgaon Teragachhi, R/o vill - Mohabbatpur, P.S. - Shekhopur Sarai, Distt. - Sheikhpura

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Pankaj Kumar For the Opposite Party/s : Mr.Akhileshwar Dayal

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

2 10-01-2024 1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Kishanganj Police Station Case No. 05 of 2013, dated 03.01.2013, disclosing offences punishable under Sections 419/420/468/471/120-B/34 of the Indian Penal Code.

The prosecution case, as per the First Information Report lodged on the basis of the written report of Dr. Afaak Ahmad Lari, Civil Surgeon -cum- Member Secretary, Kishanganj, is that the petitioners secured Government job of A.N.M. (R) on the basis of forged Nurse

Patna High Court CR. MISC. No.78389 of 2023(2) dt.10-01-2024 2/3

Registration Certificate.

Learned Counsel for the petitioners submits that the petitioners are innocent and have not committed any offence in the manner alleged. He further submits that the petitioner had not received any salary of A.N.M. (R) and as soon as they got knowledge of enquiry, they left their job, and as such, neither any forgery has been committed by the petitioners not any loss has been caused to the Government. He further submits the petitioners have got no knowledge of the institution of the present case and that the petitioners are the ladies and investigation is still going on.

On the other hand, learned Additional Public Prosecutor vehemently opposes the prayer for anticipatory bail and submits that the petitioners have approached the Court for grant of anticipatory bail after more than ten years of the institution of the present case inasmuch as this case has been registered on 03.01.2013 and since then, the petitioners are evading their arrest. He next submits that non-bailable warrants of arrest against the petitioners have been issued in the year 2016 itself. He next submits that the allegation against the petitioners are serious in

Patna High Court CR. MISC. No.78389 of 2023(2) dt.10-01-2024 3/3

nature inasmuch as they secured a job for themselves on the post of A.N.M. (R) on the basis of forged Nurse Registration Certificate.

Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that the petitioners have approached the Court for grant of anticipatory bail after more than ten years of the institution of the present case and never co-operated in the investigation, I am not inclined to grant the petitioners privilege of anticipatory bail.

This application is, accordingly, dismissed.

(Anil Kumar Sinha, J.)

Prabhakar Anand/-

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