Chandnee Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15823 of 2024 Arising Out of PS. Case No.-98 Year-2023 Thana- SACHIVALAYA District- Patna ====================================================== Chandnee Kumari Wife of Gautam Lal Das Resident of village Indira Colony Rasalpur Kala, P.S.- Bahadurpur, District- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ugranath Mallik For the Opposite Party/s :
Mr.Nirmal Kumar Sinha For the Informant :
Mr. Kamal Kishore Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 01-05-2024 Heard learned senior counsel for the petitioner, learned counsel for the informant and learned APP for the State.
2. The petitioner seeks bail in connection with Sachiwalaya P.S. Case No. 98 of 2023 registered for the offence under Sections 409, 420, 467, 468, 120B of the Indian Penal Code.
3. The petitioner has a degree from an institute. The informant is the relative of the petitioner and he has filed a complaint which has been referred for registration of FIR under Section 156 (3) of the Cr.P.C. and the petitioner has been terminated from her services.
4. Learned senior counsel for the petitioner Shri
Patna High Court CR. MISC. No.15823 of 2024(3) dt.01-05-2024 2/3 Yogesh Chandra Verma submits that it is not the case of the prosecution that the certificate of the petitioner is forged but it is the case of the prosecution that though, the institute exists but its degree is not recognized by the State Government and the institute is facing litigation because it is granting degrees.
5. Learned counsel for the informant has submitted that the institute is not recognized and therefore, the degree of the petitioner is forged.
6. In the opinion of this Court, the petitioner is herself a victim. She has studied and obtained a degree and if the degree is not recognized, it is not because of the fault of the petitioner but because she has not been informed about the true facts about the institution.
7. Considering the fact that the petitioner has already lost her job and no useful purpose will be served by sending her to jail, this application is allowed.
8. Let the petitioner, above named, in the event of her arrest or surrender before the Court below within six weeks from today is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Patna in connection with
Patna High Court CR. MISC. No.15823 of 2024(3) dt.01-05-2024 3/3 Sachivalaya P.S. Case No. 98 of 2023 subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
9. The petitioner is directed to co-operate in the investigation of this case.
(Sandeep Kumar, J) Vikas/- U T