Patna High Court
Prabha Kumari @ Devki DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted anticipatory bail to the petitioner, subject to conditions under Section 482(2) of the Criminal Procedure Code.
Summary
The petitioner, Prabha Kumari, sought anticipatory bail after being implicated in a case alleging that she secured an ANM Nurse appointment using forged documents, leading to charges under IPC sections 420, 467, 468 and 471. The prosecution’s informant, a civil surgeon, claimed that fourteen individuals, including the petitioner, obtained the posts fraudulently and that their appointments were subsequently cancelled. The petitioner contended that her certificates had been verified before appointment and that the cancellation was done without proper notice, emphasizing her clean antecedents and that she had already been removed from service. The State opposed the grant of anticipatory bail, but the court considered the nature of the accusations, the petitioner’s clean record, and the fact that her appointment had already been cancelled. Relying on Section 482(2) of the Criminal Procedure Code, the court allowed anticipatory bail, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties and comply with specific conditions. The order stipulated that any remission of the bond amount would be paid to the Civil Court, Purnea, and that the petitioner must adhere to the court’s directions to avoid forfeiture.
Issues considered
- Whether anticipatory bail should be granted to a person accused of offences under IPC 420, 467, 468 and 471 where the alleged fraudulent appointment has already been cancelled.
- Whether the petitioner’s clean antecedents and the cancellation of her appointment justify the grant of anticipatory bail.
- Whether conditions under Section 482(2) of the Criminal Procedure Code can be imposed in granting anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 420, 467, 468, 471
Subjects
- anticipatory bail
- forgery
- cheating
- IPC 420
- IPC 467
- IPC 468
- IPC 471
- Section 482
- clean antecedents
- appointment fraud
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89632 of 2024
Arising Out of PS. Case No.-168 Year-2010 Thana- KHAJANCHI HAT District- Purnia
======================================================
Prabha Kumari @ Devki Devi wife of Ram Pravesh Prasad Village-
Kachimaya (Kachhiyama) PS -Nagarnausa Dist -Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Rajeev Kumar, Advocate
For the State : Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 27-01-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends her arrest in a case
registered for the offence punishable under Sections 420, 467,
468 and 471 of the Indian Penal Code.
3. As per prosecution case, informant, namely Dr.
Ramcharitra Mandal, who happens to be Civil Surgeon, alleged
that 14 persons, including this petitioner, obtained appointment
on the post of “A.N.M. Nurse” on the basis of forged and
fabricated documents and thereafter, their appointments were
cancelled.
4. It is submitted by learned counsel for the petitioner
that the petitioner is quite innocent and has committed no
offence. Petitioner was appointed as A.N.M. Nurse after
Patna High Court CR. MISC. No.89632 of 2024(4) dt.27-01-2026
2/3
verification of all her certificates by the concerned department,
but later on, same have been declared as forged and fabricated
without proper verification or giving any notice to the petitioner.
Moreover, the petitioner has already been removed from the
services. Ho
wev
er,i
tiss
ubmi
tt
edt
hata
tthi
sst
age
,wi
tho
ut
a
dmi
tt
inghe
rgui
lt
,pe
ti
ti
one
risr
ead
ytode
pos
itt
hewhol
e
r
emune
rat
ionoft
hre
emont
hswhi
chwa
spa
idt
ohe
r.Petitioner
is a lady and claims clean antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, nature of accusation, fact that appointment of petitioner
has already been cancelled, aforesaid undertaking of the
petitioner and clean antecedents of the petitioner, the prayer for
grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned C.J.M., Purnea in connection
with K. Hat P.S. Case No. 168 of 2010, subject to condition as
Patna High Court CR. MISC. No.89632 of 2024(4) dt.27-01-2026
3/3
laid down under Section 482(2) of the B.N.S.S.,a
lon
gwi
tht
he
f
oll
owi
ngt
ermsa
ndc
ondi
ti
ons
:
“A. At t he time of f urnis
hing ba i
l-bond,
remune rati
on paidtot he peti
tionerf ora
pe ri
od o fthreemont hss hal
lbede pos i
ted
through c ashint he Na zar
atoft he Ci vil
Cour t,Purnea.
B.Thea f
oresa
idpayments hal
lbes ubjec
ttot he
finaloutcomeo ft
heca se.
C.I fpe t
it
ionerfai
lstoc omplythea f
ore s
a i
d
direct
ionoft hi
sCou r
t,thelear
nedTr ia
lCour t
isf r
e et oc ance
lt he bail-
bond o ft he
pe t
iti
oner.”
8.I
tisma
dec
lea
rtha
twi
thoutg
oin
gint
otheme
rit
o
fthec
ase
,thea
for
esa
idor
derha
sbe
enpa
sse
don
lyf
ort
he
pur
pos
eofgr
anto
fba
il
.
(Prabhat Kumar Singh, J)
shashank/-
U T
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