Swatee Goswami @ Smt. Swati Goswami v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39635 of 2018 Arising Out of PS.Case No. -126 Year- 2017 Thana -MAKHDUMPUR District- JEHANABAD ====================================================== Swatee Goswami @ Smt. Swati Goswami Daughter of Niranjan Goswami resident of Mohalla - Mitramandal Colony, Anishabad, Police Station Fulwarisharif in the district of Patna.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Navin Sharma, Adv. For the Opposite Party/s : Mr. Satyadev Prasad Singh Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-07-2018 Heard both sides.

The petitioner apprehends her arrest in Makhdumpur (Tehta) P.S. Case No. 126/2017, registered for the offences punishable under Sections 420, 467, 468, 471 and 409 of the Indian Penal Code.

The gist of allegation is that petitioner fraudulently got appointment on the post of Teacher by producing fake certificate of Bachelor of Education (B.Ed.). The petitioner was appointed on 15.05.2015, but the petitioner voluntarily resigned on 31.08.2015 after knowing the fact that the institution from which she got certificate of Bachelor of Education (B.Ed.) is fake one. It is submitted that a Division Bench of this Court

Patna High Court Cr.Misc. No.39635 of 2018 (2) dt.10-07-2018 2/2 passed order in C.W.J.C. No. 15454/2014 that if a teacher who is appointed on forged and fake certificate resigns after knowing the fact about the genuineness of certificate, no F.I.R. shall be lodged against such teacher. It is submitted that petitioner works only for fifteen days and she voluntarily resigned.

Considering the facts aforesaid, the petitioner abovenamed, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to 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 Sub-Divisional Judicial Magistrate, Jehanabad, in connection with Makhdumpur (Tehta) P.S. Case No. 126/2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J) Vinita/- U T