IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33142 of 2008 SUMITRA DEVI Versus STATE OF BIHAR ----------- Cr.Misc. No.34518 of 2008 GAUTAM KUMAR Versus SATE OF BIHAR ----------- 2 12.9.2008. Heard counsel for the petitioners and the State. Petitioner Sumitra Devi of Cr.Misc.No.33142 of 2008 and Gautam Kumar of Cr.Misc.No.34518 of 2008 are apprehending their arrest in connection with Chandauti P.S.Case no.12 of 2008 which has been registered for offence under sections 467, 468, 471, 419, 420/34 of the Indian Penal Code and Section 171 of the Representation of People Act. Counsel for petitioner Sumitra Devi submits that she filed nomination for Ward member and petitioner Gautam Kumar was her proposer and by mistake Sumitra Devi had put her signature on the affidavit of Gautam Kumar. This was subsequently struck off. For this only the present case was instituted and the act of petitioners was bonafide mistake and there was no intention to commit any offence. Considering the aforesaid fact prayer for anticipatory bail is allowed. The petitioners namely Sumitra Devi of Cr.Misc.No.33142 of 2008 and Gautam Kumar of Cr.Misc.No. 34518 of 2008 are directed to surrender before the C.J.M Gaya within four weeks from today and on their so surrendering they shall be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties - 2 - of the like amount each to the satisfaction of C.J.M. Gaya in connection with Chandauti P.S.Case no 12 of 2008 subject to the condition as laid down under Section 438(2) Cr.P.C. Sss/- (Mridula Mishra, J)