Usha Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14391 of 2022 Arising Out of PS. Case No.-335 Year-2020 Thana- TEKARI District- Gaya ====================================================== 1.
USHA KUMARI Wife of Uma Shankar Prasad Resident of Village - Nawadih, Police Station - Kartahan, District - Gaya. 2.
Prashant Kumar Sinha Son of Vijay Kumar Sinha Resident of Village - Nawadih, Police Station - Kartahan, District - Gaya. 3.
Pushpa Kumari Wife of Sanjay Kumar Singh Resident of Village - Tilha Dharamshala, Police Station -Civil Line, District - Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Murari Sharan Tiwari, Advocate For the Opposite Party/s :
Mr. Ajay Mishra, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-09-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State through virtual Court proceedings.
Let the defect(s), if any, be removed within a period of four weeks.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471, 120(B) of the Indian Penal Code. The informant alleges that the petitioners were appointed as Block Teachers based on forged mark sheet. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.14391 of 2022(2) dt.16-09-2022 2/3 petitioners are persons with clean antecedent and petitioner no. 1 and 3 are women and have been falsely implicated in the present case, it is next submitted that no opportunity was given to the petitioners to explain their side of the case and the present FIR came to be instituted, it is also submitted that from perusal of the allegation as alleged in the FIR it would manifest that original records have been taken away by the S.I.T. therefore the verification could not be made from the original records but from computer stored data and other sources as such, the verification report in absence of original records cannot be said to be reliable or authentic.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.14391 of 2022(2) dt.16-09-2022 3/3 court below where the case is pending/successor court in connection with Tekari P.S. Case No. 335 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) gauravkr/- U T