Smt. Daizy v. The Union Of India Through The CBI

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49549 of 2017 Arising Out of PS.Case No. -1 Year- 2015 Thana -C.B.I CASE District- PATNA ======================================================

1. Smt. Daizy D/o Ravindra Prasad, R/o Village- Badi, Post Badi, P.S.- Katrisarai, District- Nawada.

.... .... Petitioner/s

Versus

1. The Union of India Through The CBI.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajiv Krishna Bariar For the Opposite Party/s : Mr. Bipin Kumar Sinha (SC,CBI) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in R.C. Case No. 1A of 2015 arising out of CBI Case No. RC0232015A0001/2015 instituted for the offence under Sections-420 & 471 of the Indian Penal Code. It has been submitted that the petitioner applied for the post of GDSBPM on the basis of matriculation mark sheet and certificates of Bihar School Examination Board, Patna and she was engaged on the basis of matric certificate of BSEB, Patna. The petitioner was not engaged or appointed on the basis of certificate of Sanskrit Shikchha Board, Patna.

It has further been submitted that GDS employees are not government servant. They are only engaged to work five hours daily. It has further been submitted that in the instant case, the official of Superintendent of Post Office who has issued appointment letters has not been proceeded departmentally.

Patna High Court Cr.Misc. No.49549 of 2017 (4) dt.01-11-2017 2/3 the other co-accused namely, Satyanarayan Singh has already been granted anticipatory bail by a coordinate bench of this court vide order dated 17-10-2017 passed in Cr. Misc. No. 49588 of 2017. Counsel for CBI has not contradicted the statement that other co-accused with similar allegation has been granted anticipatory bail by a coordinate bench of this court. The counsel for CBI has further submitted that in charge-sheet, the mark sheet of Sanskrit Shikchha Board submitted by the petitioner was found to be forged.

Considering the facts and circumstances of the case, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in R.C. Case No. 1A of 2015 arising out of CBI Case No. RC0232015A0001/2015 to the satisfaction of learned Special Judge, CBI-Ist, Patna subject to condition as laid down u/S 438(2) of the Cr.P.C.

Patna High Court Cr.Misc. No.49549 of 2017 (4) dt.01-11-2017 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) A.K.V./- U T