Sudha Kumari v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7682 of 2019 Arising Out of PS. Case No.-508 Year-2018 Thana- SUPAUL District- Supaul ====================================================== Sudha Kumari, aged 39 years (Female), wife of Sri Vimal Sah ,Resident of Village- Lohiya Chowk, Ward No. 8, P.S. + District Supaul ... ... Petitioner

Versus

1. The State of Bihar

2. The Superintendent of Police ,Vigilance investigation Bureau, Patna. Bihar ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr.Amrit Abhijat, Advocate For the Opposite Party :

Mr.Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest for the offences alleged under Sections 198, 420, 467, 468, 471, 477(A) and 120(B) of the Indian Penal Code registered in connection with Supaul P.S. Case No. 508 of 2018.

3. It is submitted that the petitioner has been falsely implicated on the allegation of having obtained appointment letter against the post of Panchayat Teacher based on forged educational certificate. It is submitted that similarly situated co-accused Hira Kumari has been granted anticipatory bail by this Court vide order dated 09.01.2019 passed in Cr. Misc. No. 75937 of 2018.

4. Learned APP appears and opposes the anticipatory bail petition, submitting that the petitioner had been appointed on the basis of her Intermediate Examination Marks-sheet showing 576 marks having passed in 1st Division but on verification from Bihar Intermediate Education Council, the correct marks-sheet showed 519 marks and so the petitioner had been awarded 519 marks and passed in 2nd Division. It is submitted that the first marks-sheet carries only

Patna High Court Cr.Misc. No.7682 of 2019(2) dt.11-02-2019 2/2 one signature purporting to be that of the Secretary and is undated.

5. Having regard to the nature of accusations and gravity of offence alleged, this Court is not inclined to grant anticipatory bail to the petitioner. The anticipatory bail petition stands dismissed.

6. It further appears that the case of Hira Kumari stands on different footing as in her case there was no real discrepancy in the marks as in the latter's certificate marks obtained by her in the paper of Music Practical was then added and brought to her total marks shown in her first certificate.

(Vikash Jain, J) BT/Chandran U T