Pratibha Kumari v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15861 of 2019 Arising Out of PS. Case No.-633 Year-2018 Thana- SUPAUL District- Supaul * ====================================================== PRATIBHA KUMARI Daughter of Vidyanand Yadav, Wife of Rajiv Kumar Resident of village-Amaha, P.S.-Supaul, District-Supaul ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The State of Bihar Through Cabinet Investigation Bureau, Bihar, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amrit Abhijat For the Opposite Party/s :

Mr.Ajay Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 14-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest for the offences alleged under Sections 420, 467, 468, 471, 120(B), 196, 197, 198, 199,201 IPC registered in connection with Supaul P.S. Case No. 633 of 2018.

3. It is submitted that the petitioner has been falsely implicated on the accusation that she got employment as teacher on contract basis on forged certificate and mark sheet of Bihar Sanskrit Shiksha Board, which on verification by the authorities was found not to have been issued by the Bihar Sanskrit Shiksha Board, Patna. It is submitted that the petitioner has since been dismissed from service. The petitioner is a lady and claims clean antecedents.

4. Learned counsel for the Vigilance Department appears and has been heard.

5. Be that it may, in the event of petitioner's arrest or

Patna High Court CR. MISC. No.15861 of 2019(2) dt.14-03-2019 2/2 surrender within four weeks hereof let the above named petitioner be released on provisional anticipatory bail on furnishing bail bond of Rs.10,000/- [ten thousand] with two sureties of like amount each to the satisfaction of learned CJM,Supaul in connection with Supaul P.S. Case No. 633 of 2018 subject to the conditions as laid down under Section 438(2) Cr.P.C. and also subject to the following further conditions: (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make herself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) The petitioner shall be well represented in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, her bail bond shall be liable to be cancelled by the learned Court concerned.

6. The provisional bail shall be confirmed upon verification that the petitioner has been dismissed from service.

7. The authorities shall be at liberty to take steps for recovery of the salary already drawn by the petitioner during her employment as Teacher on contract basis.

(Vikash Jain, J) Chandran/- U T