Nirmala Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19106 of 2019 Arising Out of PS. Case No.-101 Year-2018 Thana- BEERPUR District- Begusarai ====================================================== Nirmala Kumari, D/o Satya Narayan Singh, W/o Shyam Prashad Rai, Resident of Village - Daniyalpur, P.S.- Teghra, Distt.- Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dr. Shashi Shekhar Kishore For the Opposite Party/s :
Mr.Ajay Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-04-2019 Heard learned counsels for the petitioner and the State.
The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 467, 468, 471, 420 and 120B/34 of the IPC.
The prosecution case is that in pursuance to the order passed in C.W.J.C. No. 15459 of 2014, vigilance enquiry was being conducted with regard to the Panchayat Teachers, who were appointed between year 2006 to 2015, when it was found that the petitioner also got appointed as Panchayat Teacher on the basis of forged educational certificates. It is submitted by learned counsel for the petitioner that the petitioner worked as a Panchayat Teacher for almost 12 years and without verifying the educational certificates of the
Patna High Court CR. MISC. No.19106 of 2019(2) dt.01-04-2019 2/3 petitioner from the competent authority, she has been made accused in the present case. However, it is further submitted that now the petitioner has been removed from service, though, statement to that effect has not been made in the petition. Moreover, similarly situated co-accused persons have been granted privilege of anticipatory bail, by different Benches of this Court vide order dated 18.12.2018, passed in Cr.Misc. No. 71939 of 2018 and vide order dated 21.12.2018, passed in Cr. Misc. No. 74679 of 2018.
Learned APP submits that the petitioner got appointed as a Panchayat Teacher on the basis of forged educational certificates and she is named in the FIR.
Considering the fact that the petitioner has been removed from service, investigation has already been concluded and similarly situated co-accused persons have been granted privilege of anticipatory bail by different Benches of this Court, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like
Patna High Court CR. MISC. No.19106 of 2019(2) dt.01-04-2019 3/3 amount each to the satisfaction of learned ACJM-I, Begusarai in connection with Birpur P.S. Case No. 101 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T