Geeta Kumari And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7361 of 2018 Arising Out of PS.Case No. -32 Year- 2017 Thana -BOCHHA District- MUZAFFARPUR ======================================================
1. Geeta Kumari, W/o Daya Shankar Ojha, R/o Village-Sardha Dambar, P.S.- Motipur, Post- Motipur, District- Muzaffarpur,
2. Abhitosh Kumar, S/o Umesh Tiwari, R/o Village-Bishanpur Horil, P.S.- Baruranj, District- Muzaffarpur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pawan Kumar Singh, Advocate For the Opposite Party/s : Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 23-03-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Bochahan P.S. Case No.32 of 2017 instituted for the offence under Section(s) 420, 467, 468, 471/34 Indian Penal Code.
Counsel for the petitioners has submitted that both the petitioners had passed BTET Examination in the year 2011 and they were declared qualified. Results were also displayed on the website of Bihar Intermediate Education Council. Thereafter, they had applied for the post of Teacher. Petitioner no.2 was, finally, selected in Govt. Primary School, Baboo Ram, on 01.09.2014 and petitioner no.1 was selected in Primary School, Milki, on 01.09.2014 after verification of all the concerned
Patna High Court Cr.Misc. No.7361 of 2018 (3) dt.23-03-2018 2/3 documents. Results of the petitioners were bonafide and genuine. Counsel for the petitioners has submitted that some hackers hacked the website of BSEB, Patna, and committed interpolation in the same which led to the false implication of the petitioners. It has further been submitted that some of the coaccused have been granted anticipatory bail by a co-ordinate Bench of this Court by order dated 09.11.2017 passed in Cr. Misc. No.35499 of 2017.
In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Bochahan P.S. Case No.32 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-cum- Sub Judge 11th, Muzaffarupr, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without
Patna High Court Cr.Misc. No.7361 of 2018 (3) dt.23-03-2018 3/3 proper and reasonable reason will be liable to cancel their bail bonds and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Sanjay Priya, J) JA/- U T