Kiran Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14239 of 2024 Arising Out of PS. Case No.-153 Year-2023 Thana- BANMANKHI District- Purnia ====================================================== Kiran Kumari D/o Hira Prasad Yadav R/o Khajuri, P.S.- Sour Bazar, Dist.- Saharsa ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saroj Kumar Choudhary, Advocate For the Opposite Party/s :
Mr. Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Banmakhi P.S. case No. 153 of 2023 instituted for the offences under Sections 420, 467, 468, 471, 120B of the Indian Penal Code.
3. It is alleged that this petitioner fraudulently got herself employed as a Panchayat Teacher using fake/forged marksheet.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel further submitted that, from perusal of the F.I.R., it is clear that petitioner has not prepared any document
Patna High Court CR. MISC. No.14239 of 2024(2) dt.07-03-2024 2/3 on her own but the same was sent by Bihar School Examination Board, Patna. Learned counsel further submitted that petitioner has already left her job and her employment was cancelled vide order dated 24.09.2018 (as mentioned in paragraph-11 of the present bail application). Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 15.12.2023 and has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Banmakhi P.S. case No. 153 of 2023, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two
Patna High Court CR. MISC. No.14239 of 2024(2) dt.07-03-2024 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Alok Verma/- U T