Asha Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34740 of 2017 Arising Out of PS.Case No. -23 Year- 2016 Thana -PARIHAR District- SITAMARHI ======================================================
1. Asha Kumari daughter of Bindeshwar Sah, Resident of Village- Laduari, P.S.- Parihar, District- Sitamarhi.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar Md. Hussamuddin Azad Ms. Sandhya Kumari Sinha For the Opposite Party/s : Mr. Murli Dhar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 12-09-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in connection with Parihar P.S. Case No. 23/2016 for offences punishable under Sections 467, 468, 471, 120-B/34 of the Indian Penal Code. The prosecution case, as lodged by the Central Bureau of Investigation, is that during course of investigation on the direction of this Court, the credentials of appointment of Assistant Teachers had been investigated and during course of enquiry petitioner along with four others were found to have been appointed on the basis of fake certificates. The Bihar Sanskrit Siksha Board, Patna has stated that the certificate of the petitioner is forged and
Patna High Court Cr.Misc. No.34740 of 2017 (3) dt.12-09-2017 2/3 the roll number shown on the certificate is of one Ranjit Kumar Das.
It has been submitted by the learned counsel for the petitioner that she is innocent and has been falsely implicated in the aforesaid case. It is submitted that she has already resigned from service, has been suitably punished, is languishing in custody since 01.05.2017 and being a lady a sympathetic consideration be given.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-VI, Sitamarhi, in connection with Parihar P.S. Case No. 23/2016, subject to the condition that both the bailors would be close relatives of the petitioner having sufficient immovable property within the jurisdiction of the concerned police station/ court, who will file an affidavit stating their relationship with the petitioner and that petitioner will appear before the learned court below during
Patna High Court Cr.Misc. No.34740 of 2017 (3) dt.12-09-2017 3/3 trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of her bail bonds.
(Nilu Agrawal, J) Rajesh/- U T