IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20750 of 2010 KUMARI KANTI @ KANTI JHA W/O GHANANAND JHA, R/O VILLAGESARBODAY NAGAR, POLICE STATION BEHUSARAI, PRESENTLY POSTED AS CIRCLE OFFICER,SABOUR BLOCK, POLICE STATION,SABOUR, DISTRICT-BHAGALPUR ……PETITIONER Versus 1. STATE OF BIHAR 2. PINKESH KUMAR, S/O SHRI JAMUN PRASAD YADAV, R/O VILLAGE NATHPUR KADHEYA, POLICE STATION- SAUR BAZAR, DISTRICT- BHAGALPUR ……OPPOSITE PARTIES ------- For the petitioner…………Mr. Ashutosh Kumar Chandra Monah Jha,Advocates For the state………… Ram Priyasharan Singh, A.P.P. 2 23-06-2010 Heard the parties. The petitioner apprehends her arrest in a case instituted for offence under section 420 and 120(b) of the Indian Penal Code. It is submitted that only allegation against the petitioner is that she in collusion with some other co-accused persons shifted booth No. 18 from primary school Kadhaiya Nath Pur to primary school, Kadhaiya It is further submitted that at the relevant time the petitioner was posted as Block Cooperative Extension Officer and on the basis of petition filed by some local people, she had recommended for shifting the booth from one place to another and final order was passed by the Block Development Officer, who was Returning Officer for the said election of PACCS. From the perusal of F.I.R. vide annexure-1 it is apparent that all the ingredients for constituting an offence under section 420 I.P.C. are not present. 2 Be that as it may, in the facts and circumstances of the case, in the event of arrest or surrender in connection with Sour Bazar Police Station Case No. 2/2010 in the court below within a period of four weeks from today, the above named petitioner shall be enlarged on bail on furnishing bail bond of Rs. 10,000 (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa, subject to the condition under section 438(2) Cr.P.C. S.P. ( Birendra Prasad Verma ,J. )