IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11140 of 2010 SARITA DEVI WIFE OF SANJAY PD. KUSHWAHA, RESIDENT OF VILLAGE- CHAMPAPUR, P.S. SHIKARPUR, DISTT. WEST CHAMPARAN. ------ PETITIONER. Versus STATE OF BIHAR---- OPP.PARTY. ----------- For the petitioner : Aditya Nath Jha, Advocate. For the State : Mr. Nasim Yahya, A.P.P. ---- 2/ 28.04.2010 A supplementary affidavit has been filed on behalf of the petitioner. Let it be kept on record. Heard the parties. Petitioner apprehends her arrest in connection with Shikarpur P.S. Case No. 61 of 2010 dated 04.03.2010 registered under sections 467, 468 and 420 of the Indian Penal Code. According to the prosecution case the petitioner was appointed on the post of Angan Bari Sewika but subsequently it transpired that certificates produced by the petitioner for the purpose of appointment/ selection on the said post were forged one. Learned counsel for the petitioner submits that on the basis of the allegation the petitioner has already been removed from service and, therefore, she has been sufficiently punished in the present case. In view of the provisions under Article 20 of the Constitution of India it is submitted that for one omission and commission a person - 2 - cannot be prosecuted/ punished twice. Learned counsel for the State though opposed the prayer for anticipatory bail but has not disputed about the factual position for removal of the petitioner from service. Be that as it may, in the facts and circumstances, let the above named petitioner, in the event of her arrest or surrender in the court below within four weeks from today, be enlarged on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah in Shikarpur P.S. Case No. 61 of 2010, subject to the conditions as laid down under section 438(2) of the Cr.P.C. ( Birendra Prasad Verma, J ) BTiwary/