Anjana Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16795 of 2024 Arising Out of PS. Case No.-25 Year-2023 Thana- LARJHAGHAT District- Samastipur ====================================================== Anjana Bharti, D/o- Ramgopal Mahto, R/o- Village- Pakri, P.S.- Virpur, Dist.- Begusarai (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhav Kumar, Advocate For the Opposite Party/s :

Mr. Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 20-03-2024 Heard Mr. Madhav Kumar, learned counsel appearing on behalf of the petitioner and learned APP for the State.

2. The petitioner is apprehending her arrest in connection with Larjhaghat P.S. Case No. 25 of 2023 registered for the offences punishable under Sections 420, 467, 468, 471, 120B of the Indian Penal Code.

3. Allegation against the petitioner is of obtaining employment on the basis of forged certificate of Matric and B.E.T.E.T..

4. It is submitted on behalf of the petitioner that the petitioner was duly appointed in the year 2014, however, in course of time pursuant to an order of this Court in Public Interest Litigation, an enquiry was conducted and in course of verification the certificates/educational testimonials of the

Patna High Court CR. MISC. No.16795 of 2024(2) dt.20-03-2024 2/3 petitioner have been found to be forged, leading to institution of the present F.I.R. He further submits that in fact the petitioner herself is made victim of the circumstances, as she has not been given proper opportunity to defend her case and the F.I.R. has been instituted after nine years of her appointment. He lastly submits that the petitioner, being a lady, has got fair antecedent and undertakes that she will fully cooperate in the investigation or in the proceedings of the court.

6. On the other hand, learned counsel for the State opposes the bail application and submits that the whole appointment procedure of the petitioner appears to be doubtful and the certificate/testimonials have been found to be forged.

7. Regard being had to the submissions made on behalf of the parties and considering the fact that the petitioner was appointed in the year 2014 and the present F.I.R. has been instituted in the year 2023, coupled with the fact that the petitioner is a lady, having fair antecedent, let the petitioner, named above, in the event of her arrest or surrender before the court below within four weeks from the date of receipt/ production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.16795 of 2024(2) dt.20-03-2024 3/3 learned Additional Chief Judicial Magistrate-I, Rosera, Samastipur in connection with Larjhaghat P.S. Case No. 25 of 2023, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.with the further condition that one of the bailors shall be the own/close relative of the petitioner. (Harish Kumar, J) uday/- U T