Shailja Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27411 of 2017 Arising Out of PS.Case No. -94 Year- 2017 Thana -KOTWALI District- PATNA ====================================================== Shailja Kumari D/o Kamlesh Prasad @ Kamlesh Malakar, Resident of Village- Rajapur, Mainpura Gali No. 51, P.S.- Patliputra, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Parmeshwar Mehta For the Opposite Party/s : Mr. Sri Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner and the State. The petitioner is in custody in connection with Kotwali P.S. Case No. 94 of 2017 for the offence under sections 406, 417, 418, 419, 420, 467, 468, 471, 475 and 120B of the Indian Penal Code.

FIR was lodged against Gyan Prakash, Kumari Annu and Harshvardhan Kumar and the petitioner was not named in the FIR. In sum and substance, the allegation in the FIR is that Gyan Prakash and others are running an institution in the name of Gyan Prakash Institute and they are involved in enrolling the students in the name of imparting Bachelor of Fine Arts courses and after completion of the alleged course they provided degree/certificate which was found to be forged and fabricated.

Patna High Court Cr.Misc. No.27411 of 2017 (2) dt.06-07-2017 2/2 Counsel for the petitioner submits that this petitioner was only employee of NRDP and she has no role to play either running the institute or granting certificate which is the subject matter of the investigation in this case.

It appears from the order dated 1.7.2017 in Cr. Misc. No. 29233 of 2017 that named accused Harshvardhan Kumar was granted bail by this Court on the ground that he was only an employee in the said institute running by Gyan Prakash and the case of the petitioner stands on similar footing and as such on the ground of parity, I am inclined to enlarge the petitioner, named above, on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna or successor court in connection with Kotwali P.S. Case No. 94 of 2017 (G.R. No. 1414 of 2017) on the condition that the petitioner will cooperate in the trial and will not, in any manner, influence the evidence or the witnesses.

(Anil Kumar Upadhyay, J) Ravi/- U T