Smt. Pinki Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12312 of 2021 Arising Out of PS. Case No.-275 Year-2019 Thana- PARWALPUR District- Nalanda ====================================================== SMT. PINKI KUMARI W/O RAM RAJ KUMAR @ RAM RAJ PRASAD R/O VILLAGE-VIJAYAPURA, P.S.-PARWALPUR, DISTRICT-NALANDA. ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rabindra Prasad Singh, Advocate For the Opposite Party/s :
Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 24-12-2021 Heard Mr. Rabindra Prasad Singh, learned Advocate for the petitioner and Mr. Ram Priya Sharan Singh, learned APP for the State.
The petitioner seeks bail in anticipation of her arrest in connection with Parwalpur P.S. Case No. 275 of 2019 dated 14.11.2019 instituted for the offences under Sections 406, 420, 467 and 468 of the Indian Penal Code.
The petitioner is alleged to have furnished forged mark-sheet of the Sanskrit Shiksha Board for obtaining appointment as Aanganwari Sevika at Centre Dhebripar.
Patna High Court CR. MISC. No.12312 of 2021(2) dt.24-12-2021 2/3 Learned counsel for the petitioner has submitted that because of the petitioner not greasing the palm of the appointing authorities, such vague objections were raised against her.
Be that as it may, it has been submitted that the petitioner could not obtain appointment and has not received anything by way of salary.
Thus, it has been submitted that even if such offence for which the petitioner has been charged was attempted to be committed, it remained inchoate. Regard being had to the nature of offence, gender of the petitioner and the fact that the petitioner never got employment and consequently did not get paid, she is directed to be released on bail, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on her furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to
Patna High Court CR. MISC. No.12312 of 2021(2) dt.24-12-2021 3/3 the satisfaction of the learned Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Parwalpur P.S. Case No. 275 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C.
However, she is directed to participate in the investigation if the investigation is still pending or in trial if the case goes to trial. Any attempt at the petitioner to evade either the investigative process or trial, as the case may be, would render this anticipatory bail granted to her liable to be cancelled.
(Ashutosh Kumar, J) krishna/- U T