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Patna High CourtCR. MISC./17298/2019bail granted

Sunita Kumari v. The State Of Bihar

2019-03-26Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17298 of 2019 Arising Out of PS. Case No.-166 Year-2017 Thana- MATIHANI District- Begusarai ====================================================== SUNITA KUMARI, W/o Ram Chandra Prasad, R/o Vill- Mahna, P.S.- Barauni, Dist.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shubhesh Pandey For the Opposite Party/s :

Mr. Ajay Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-03-2019 Heard learned counsel for the petitioner and learned APP for 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 Indian Penal Code.

The prosecution case as per the written statement of Kanhaiya Lal being, S.I. of Vigilance Department submitted to the S.H.O., Matihani P.S. is to the effect that in pursuance to the

Patna High Court CR. MISC. No.17298 of 2019(2) dt.26-03-2019 2/3 order passed by a Bench of this Court in C.W.J.C. No.15459 of 2014, the vigilance department appointed the informant for verification of documents with regard to educational qualification of the Panchayat Teachers appointed between 2006 to 2015. It is alleged that the petitioner was appointed as a Panchayat Teacher in Matihani Block on the basis of forged BETET certificate.

It is submitted by learned counsel for the petitioner that the petitioner had no knowledge about the certificate being found forged and after due verification of the certificates produced by the petitioner, her selection was made. It is further submitted that similarly situated co-accused Raj Kishori Jha has been granted privilege of anticipatory bail by a Co-ordinate Bench of this Court, vide order dated 23.01.2019 passed in Cr. Misc. No. 1557 of 2019. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

It is submitted by learned APP for the State that the accusation is specific against the petitioner. Considering the nature of accusation, similarly situated co-accused person having been granted privilege of anticipatory bail by a Co-ordinate Bench of this Court and

Patna High Court CR. MISC. No.17298 of 2019(2) dt.26-03-2019 3/3 petitioner being a lady, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Begusarai in connection with Matihani P.S. Case No.166 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Deepak/- U T