Ragini Kumari @ Ragani Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17782 of 2023 Arising Out of PS. Case No.-7 Year-2023 Thana- BARAULI District- Gopalganj ====================================================== Ragini Kumari @ Ragani Kumari Wife Of Deepak Kumar Resident Of Village- Batardeh, Ps- Baruali, District- Gopalganj ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Superintendent Of Police, Vigilance Investigation Bureau, Patna Teacher Enquiry Incharge, Gopalganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Lokesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-05-2023 Heard Mr. Lokesh Kumar Singh, learned counsel for the petitioner and Mr. Ajay Mishra, learned APP who represent the State.

The petitioner apprehends his arrest in connection with Barauli P.S. Case No.07 of 2023 instituted under Sections 420, 467, 468, 471, 120(B) of the Indian Penal Code lodged on 07.01.2023 by the informant Aasif Ekbal Mehdi. The prosecution story in, brief is, that:

In the light of order of the Hon'ble High Court in C.W.J.C.No. 15459 of 2014, the certificates of Niyojit Teachers appointed between 2006-2015 were verified. In course of verification of certificates of one Ragini Kumari (the petitioner herein), it was found that the B.T.E.T. Mark sheet bearing Roll

Patna High Court CR. MISC. No.17782 of 2023(2) dt.25-05-2023 2/3 No. 1218110521, sl. No. 042124, year 2011, Paper-1, Marks -088, Pass does not match with mark-sheet available at B.S.E.B., Patna. Convinced that the marksheet is forged, the FIR.

It has been submitted by the learned counsel for the petitioner that the lady has already suffered and is out of service having resigned. Under genuine belief that she has passed the exam and the documents are genuine, she had joined. Learned APP has pointed out that submission regarding resignation has not been incorporated in the petition. Only on the basis of undertaking given by the learned counsel for the petitioner that she is now out of service and do not have criminal antecedent, this Court is inclined to extend her relief considering the fact that she is a lady. If, however, it is found that today, i.e. 25.05.2023, the lady was in service contrary to the undertaking given by the learned counsel for the petitioner, this order shall become infructuous.

Let the petitioner be released on anticipatory bail, in the event of her arrest or surrender before the Sub-ordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each

Patna High Court CR. MISC. No.17782 of 2023(2) dt.25-05-2023 3/3 with two sureties of the like amount each in connection with Barauli P.S. Case No.07 of 2023 to the satisfaction of learned Judicial Magistrate, Ist Class, Gopalganj, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. with further conditions that:

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner will make herself available to the police as and when required in course of investigation; (iii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of her bail bond by the Trial court itself;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.

(Rajiv Roy, J) Prakash Narayan / Sunil U T