Nibha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20698 of 2024 Arising Out of PS. Case No.-14 Year-2023 Thana- AMARPUR District- Banka ====================================================== Nibha Kumari D/o Ram Vilas Prasad R/o Village - Sabour Mansarpur, P.S. - Sabour, District - Bhagalpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Department of Vigilance, Bihar, Patna , 6 Circular Road ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Arvind Kumar (Spl.P.P., Vigilance Deptt) Mr. Paritosh Parimal, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 5.

18-07-2024 Heard learned counsel for the petitioner and learned Special P.P. for the Vigilance Department.

2. The petitioner apprehends her arrest in a case registered for the offence under Sections 420, 467, 468, 471, 120(B) of the Indian Penal Code.

3. The petitioner is alleged to have procured appointment on the post of Teacher in the Primary School, Kumhra under Amarpur block by producing forged BETET certificate.

4. It is submitted on behalf of petitioner that petitioner was appointed, as Teacher, after investigation of all her education certificates by the concerned department, but later on, BETET certificate has been declared as forged and fabricated

Patna High Court CR. MISC. No.20698 of 2024(5) dt.18-07-2024 2/2 without proper verification or giving any notice to the petitioner. Moreover, on 19.05.2023, the petitioner was suspended and thereafter, has been dismissed from the service. These statements have been made in paragraph - 3 & 4 of the supplementary affidavit, which has been filed on 16.07.2024 on behalf of petitioner.

5. Learned counsel for the Vigilance Department vehemently opposes the prayer for anticipatory bail.

6. However, considering the fact that petitioner is lady and has already been terminated from the service as well as she has got clean antecedent, let the above named petitioner, in the event of her arrest/surrender before the court below within a period of six weeks from today, 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 C.J.M., Banka in connection with Amarpur P.S. Case No. 14 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay U T