Kumari Lalti Sinha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8617 of 2020 Arising Out of PS. Case No.-53 Year-2019 Thana- BANSHI District- Jehanabad ====================================================== KUMARI LALTI SINHA Wife of Vijay Prasad Singh Resident of Village - Sonbhadra, P.S.- Bansi, District - Arwal - 804419. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gautam Kumar Kejriwal For the Opposite Party/s :
Mr.Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-06-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.
Heard Sri Gautam Kumar Kejriwal, the learned counsel for the petitioner and Sri Ajay Mishra, the learned APP appearing for the State.
This is an application for grant of anticipatory bail in connection with Banshi P.S. Case No. 53 of 2019 registered for the offence punishable under Sections 419, 420, 467, 468, 471 and 120B of the Indian Penal Code The accusation against the petitioner herein is regarding there being discrepancy in the marks mentioned in the marksheet submitted by the petitioner at the time of her appointment
Patna High Court CR. MISC. No.8617 of 2020(3) dt.24-06-2020 2/3 as Siksha Mitra, upon the same being tallied by the Bihar Intermediate Education Council, Patna, hence, it is alleged that the petitioner has made interpolation in the mark-sheet by adopting unfair means in order to gain illegal benefit in the form of appointment as Siksha Mitra.
The learned counsel for petitioner has submitted that the petitioner is innocent, she is having no complicity in the matter and she is having a clean antecedent. It is further submitted that the petitioner has been issued the mark-sheet by the Bihar Intermediate Education Council, Patna and she has not committed any forgery or interpolation in the said mark-sheet and if at all, there is any discrepancy, then the same might be on account of the bonafide mistake on the part of the Bihar Intermediate Education Council, Patna, while issuing the marksheet to the petitioner herein. It is further submitted that the petitioner is ready to join investigation.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner as also taking into account the fact that there is not much difference in the marks mentioned in the mark-sheet vis-avis marks found in the records of the Bihar Intermediate Education Council, Patna, apart from the fact that there is no
Patna High Court CR. MISC. No.8617 of 2020(3) dt.24-06-2020 3/3 allegation of either forging the mark-sheet or the petitioner having found to have not appeared in the examination in question, I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail.
Accordingly, the petitioner is directed to be enlarged on anticipatory bail, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate I, Arwal in connection with Banshi P.S.Case No. 53 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. It is needless to state that the petitioner shall cooperate with the Investigating Officer of the Vigilance Investigation Bureau, Bihar, Patna.
(Mohit Kumar Shah, J) Ajay/- U T