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Patna High CourtCR. MISC./10530/2019bail granted

Kumari Mamta v. The State Of Bihar And ANR.

2019-02-21Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10530 of 2019 Arising Out of PS. Case No.-452 Year-2018 Thana- KOTWALI District- Patna ====================================================== Kumari Mamta W/o Amresh Kumar Amar Resident of village-Barbighi, P.OHussaina, P.S-Ballia, District-Begusarai. ... ... Petitioner/s

Versus

1. The State of Bihar

2. Bihar School Examination Board, Patna. Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Ajay Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending her arrest in a case registered under Sections 417, 418, 419, 420, 466, 467, 468, 471, 120B of the Indian Penal Code.

The prosecution case, in brief, is that the petitioner got appointment on the post of teacher on the basis of forged and fake certificates.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused in the present case due to mistake of fact. The certificate, owned by the petitioner does not tally with the records of the examination

Patna High Court Cr.Misc. No.10530 of 2019(2) dt.21-02-2019 2/2 board. Hence it is being alleged that the certificate, in question is fake one. The petitioner denies the allegation. The certificate, in question was submitted by the petitioner prior to his joining and the certificates were verified by the concerned respondent and no such objection was raised by the concerned authority at the time of joining and the petitioner tendered his joining. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, 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 learned Chief Judicial Magistrate, Patna in connection with Kotwali P.S. Case No. 452 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T