Indu Kumari v. The State Of Bihar Through Vigilance

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19175 of 2018 Arising Out of PS.Case No. -237 Year- 2016 Thana -SARAIYA District- MUZAFFARPUR ======================================================

1. Indu Kumari, Block Teacher having Master Chart Roll-919, Daughter of Kishori Sharan Poddar, Resident of Village-Mohiuddinpur, P.S. Warisnagar, District-Samastipur.

.... .... Petitioner/s

Versus

1. The State of Bihar through Vigilance Muzaffarpur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate Mr. Sanjeet Kumar Mr. D.N. Tiwari For the Opposite Party/s : Mr. Kedar Singh, AC to (L.O.,Inc.,Vigilance) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 09-04-2018 Heard learned counsel for the petitioner and learned counsel for the Vigilance.

The petitioner seeks anticipatory bail in a case instituted for the offences under Sections 465, 467, 468, 471 and 420 of the Indian Penal Code.

Allegation has been made that petitioner has obtained appointment as Block Teacher by producing forged certificate and which was verified on the direction of this Court passed in C.W.J.C. No. 15459 of 2014. As report has been submitted by the Bihar Scholl Examination Board the roll number which has been given by the petitioner has been shown in the register as a fair candidate.

Learned counsel for the petitioner submits that petitioner has been terminated from service and whatever amount which has been paid as salary to her is ready to deposit the same within eight weeks.

The petitioner should deposit the amount whatsoever has been received by her in the Court later on if it is found that certain more amount is required to be paid by her she will deposit the rest amount.

No coercive steps will be taken against the petitioner for a period of eights in connection with Saraiya P.S. Case No. 237 of 2016, G.R. No. 1619 of 2016, pending in the court of the Sub-Judge I, (West) Muzaffarpur. If she would fail to deposit the amount the order will be treated to have been inoperative. If the petitioner deposits the aforesaid amount within eight weeks, in the event of arrest or surrender within four weeks from today, let petitioner, namely, Indu Kumari, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Judge I, (West) Muzzaffarpur in connection with Saraiya P.S. Case No.237 of 2016, G.R. No. 1619 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Whenever

the police will call her for interrogation she will be available before the police. It is made clear that if the petitioner will not co-operate during course of investigation and join for interrogation the police will be at liberty to file an application for cancellation of bail.

(Shivaji Pandey, J) Vinay/- U T