Sweta Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11255 of 2026 Arising Out of PS. Case No.-243 Year-2025 Thana- BELHAR District- Banka ====================================================== Sweta Kumari Daughter of Chandra Shekhar Yadav Wife of Santosh Kumar Yadav, R/o- Bhagi Chak, P.S.- Naya Ram Nagar, Dist.- Munger, Bihar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Surya Narayan Kumar, Adv.
For the Opposite Party/s :
Mr. Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-06-2026 Heard Mr. Surya Narayan Kumar, learned counsel for the petitioner and for the State.
2. The petitioner apprehends her arrest in connection with Belhar P.S. Case No. 243/2025 for the offence registered under sections 420, 467, 468, 471, 120(B) of the I.P.C. lodged on 19.08.2025 by the informant, Lal Muhamad.
3. As per the prosecution story, in the light of CWJC No. 15459 of 2014, the Vigilance Enquiry No. BS 08 of 2015 was initiated to verify the documents of the appointed teachers when it was found that this petitioner, a Panchayat Teacher with Primary School, Surahi, Belhar Block in the district of Banka (presently working in Munger) is having fake experience certificate. Accordingly, the F.I.R.
4. The matter was earlier adjourned by a Co-ordinate
2/4 Bench on 01.04.2026 and learned counsel for the petitioner has produced a photocopy of the resignation letter to show that today itself, she has resigned and the resignation letter has been handed over to the District Education Officer, Munger.
5. Mr. Jitendra Kumar Singh raises suspicion on the said letter and submits that despite the matter pending since last four months, today, on 17.06.2026, when the case has been taken up, this letter has been produced without any affidavit and the veracity of the same has not been checked.
6. Learned Counsel for the petitioner, at this stage, submits that the petitioner herself has sent this letter to him which is being presented before the Court and she shall be procuring a certificate from the District Education Officer, Munger with regard to the submission that on 17.06.2026 resignation letter has been sent and she has quit the service.
7. Though this Court finds force in the submission of learned State counsel and has also taken note of her criminal antecedent inasmuch as, one criminal case is pending against her, in view of the fact that she is a lady and has now resigned though belatedly on 17.06.2026, FIR is there, she will have to face the music, in that background, this Court is inclined to extend her relief.
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8. However, it is made clear that at the time of execution of bail bond, she will have to submit a certificate duly issued by the District Education Officer, Munger to show that she has actually resigned and her resignation as a Teacher from Middle School, Jafarnagar Sadar, Munger has been accepted by the said office and not otherwise. If she fails to submit the certificate of the D.E.O, Munger, this order shall become infructuous.
9. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Court of Chief Judicial Magistrate, Banka/concerned Court in connection with Belhar P.S. Case No. 243/2025 subject to condition as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family members/relatives of the petitioner, who shall provide official document (Aadhar Card, PAN Card, Driving License, Voter ID) to show her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive
4/4 dates without plausible reason will entail cancellation of her bail bond by the Trial court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Vijay Singh/Munindra Kumar Sahu U T