Nirupa Shahi @ Nirupma Shahi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14972 of 2021 Arising Out of PS. Case No.-96 Year-2017 Thana- SARAIYA District- Muzaffarpur ====================================================== Nirupa Shahi @ Nirupma Shahi, aged about 42 years, female, W/o Pappu Kumar @ Santosh Kumar Tiwari, D/o Shatrudhan Prasad Shahi, R/o VillageAasnagar, P.O.-Bakathpur, P.S.-Kanti, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Manoj, Adv.

For the Opposite Party/s :

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

The petitioner seeks bail in anticipation of her arrest in connection with Saraiya P.S. Case No. 96 of 2017, dated 17.03.2017, instituted for the offences under Sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code. The accusation against her is of having obtained a pass certificate in the B.S.T.E.T. examination held by the Govt. of Bihar. During the course of investigation, it was

Patna High Court CR. MISC. No.14972 of 2021(2) dt.28-02-2022 2/3 found that in the main list, the name of the petitioner did not find mention, but a forged certificate has been obtained by her showing that she has passed the aforesaid test. It has been submitted on behalf of the petitioner that there is some anomaly in the master result as she had appeared in the examination and had performed fairly well. If there is no corresponding entry of the name of the petitioner in the main list, she ought not to be faulted with without there being no other ancillary evidence to connect her with the offence.

It has further been submitted that she has lost her employment.

Similarly situated accused persons of this case have been granted the privilege of anticipatory bail by different Benches of this Court, some of which orders have been brought on record by way of Annexure - 2 series. Considering the facts afore-stated and taking into account that the case with respect to obtaining forged degree has yet not been finally concluded, the petitioner, in the event of her arrest or surrender before the learned Court

Patna High Court CR. MISC. No.14972 of 2021(2) dt.28-02-2022 3/3 below within a period of four weeks, is directed to be released on bail on her furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Ist (West), Muzaffarpur in connection with Saraiya P.S. Case No. 96 of 2017, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

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