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Patna High CourtCR. MISC./14047/2021bail granted

Manti Devi v. The State Of Bihar

2022-02-28Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14047 of 2021 Arising Out of PS. Case No.-403 Year-2019 Thana- BARHARA District- Bhojpur ====================================================== 1.

Manti Devi, aged about 38 years, female, Wife of Ashok Kumar @ Ashok Prasad Gupta, Resident of Village - Lakshmipur, P.S. - Krishnagarh, P.O. - Sinha, District - Bhojpur.

2.

Rita Kumari, aged about 40 years, female, Daughter of Bhikhari Ram (wrongly mentioned as wife of Bhikhari Ram in F.I.R.), Resident of Village - Balua, P.S. - Krishnagarh, District - Bhojpur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sudama Singh, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 28-02-2022 Heard the counsel for the parties.

The petitioners seek bail in anticipation of their arrest in connection with Barahara (Krishnagarh) P.S. Case No. 403 of 2019, dated 07.11.2019, instituted for the offences under Sections 420, 468, 467, 471 and 120(B) of the Indian Penal Code.

Patna High Court CR. MISC. No.14047 of 2021(2) dt.28-02-2022 2/3 The accusation against them and others is of having obtained employment as teachers by furnishing forged academic certificates.

The aforesaid assertion of the prosecution is contested by the petitioners, who claim that the accusation is absolutely wrong.

However, Mr. Sudama Singh, the counsel for the petitioners has submitted that out of the five accused persons including the petitioners, three have been granted bail (two accused persons have been granted bail by the learned Court below and one by a Bench of this Court vide order dated 18.01.2021 passed in Cr. Misc. No. 20467 of 2020).

Considering the fact that the petitioners are no longer in service and that the matter is yet to be resolved whether their appointment was on the basis of forged certificates or that they had obtained those forged certificates for getting appointed as teachers, the petitioners, in the event of their arrest or surrender before the learned Court below within a period of four weeks, are directed to be

Patna High Court CR. MISC. No.14047 of 2021(2) dt.28-02-2022 3/3 released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Ara, Bhojpur in connection with Barahara (Krishnagarh) P.S. Case No. 403 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

While passing the order, this Court has also taken note of the genders of the petitioners.

(Ashutosh Kumar, J) Praveen-II/- U T