Rekha Kumari @ Rekha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12783 of 2015 Arising Out of PS.Case No. -18 Year- 2014 Thana -BARIYARPUR District- MUNGER ====================================================== Rekha Kumari @ Rekha Devi, wife of Arun Kumar Sharma .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Ranjan, Advocate For the Opposite Party/s : Mr. Parmanand Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-03-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 465, 466, 467 and 420 of the Indian Penal Code.

It is alleged that the petitioner was appointed as Sevika in the year 2009 on the basis of forged intermediate inflated marksheet. Subsequently, the entire appointment was cancelled. The petitioner was again appointed as Sevika in the year 2011 on the basis of a different intermediate marksheet, which is according to the petitioner, is correct marksheet but the present F.I.R. has been lodged for the appointment of the petitioner made in the year 2009 on the basis of alleged forged marksheet.

It is submitted by learned counsel for the petitioner that in 2009 the actual appointment could not be

Patna High Court Cr.Misc. No.12783 of 2015 (2) dt.27-03-2015 2/2 made as the entire appointment of 2009 was cancelled since the CDPO failed to make signature on the appointment minutes. There is no accusation of submitting a forged marksheet during 2011's appointment and for the alleged submission of wrong marksheet in the appointment made in the year 2009, F.I.R. has been lodged in 2014. Consequently, the petitioner has been terminated from the post of Sevika in pursuance to appointment made in 2011.

Considering the fact that petitioner is a lady and she was actually not been appointment on the basis of alleged forged intermediate marksheet submitted in 2009 or received any payment, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Munger in connection with Bariarpur P.S. Case No. 18 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T