Sushmita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22631 of 2021 Arising Out of PS. Case No.-418 Year-2019 Thana- HARSIDHI District- East Champaran ====================================================== 1.

Sushmita Kumari Wife Of Mukesh Kumar Singh Resident Of Village And P.O.- Bairiyadih, P.S.- Harsidhi, District- East Champaran. 2.

Raj Kumar Ram Son Of Matuki Ram Resident Of Village- Khartari Tola Saraita, P.O.- Khartari, P.S.- Chiraiya, District- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr. H.A. Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-07-2022 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 409, 420/34 of the Indian Penal Code.

An allegation has been made that the petitioners were required to pass the TET Examination and having obtained the certificate, they were appointed as a Teacher but, later on, on an enquiry, it was found that the certificates were forged.

Patna High Court CR. MISC. No.22631 of 2021(3) dt.05-07-2022 2/3 It is submitted by learned counsel for the petitioners that petitioners are innocent and have been falsely implicated in this case. He submits that arising out of the same appointment process similar allegations have been levelled against the other 'Panchayat Teachers' of having obtained the employment on the basis of forge TET certificate. They have also been allowed the privilege of anticipatory bail in Cr. Misc. No. 6039 of 2018 and Cr. Misc. No. 50728 of 2018. He further submits that petitioners have no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Harsidhi P.S. Case No. 418 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. subject to the following conditions:

Patna High Court CR. MISC. No.22631 of 2021(3) dt.05-07-2022 3/3 (I) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners.

(II) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail bond will be liable to be cancelled. (Anjani Kumar Sharan, J) devendra/- U T