Priyanka Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24321 of 2024 Arising Out of PS. Case No.-665 Year-2023 Thana- BUXAR District- Buxar ====================================================== Priyanka Kumari D/O-Mahendra Pratap Singh W/O-Jitendra Kumar Singh, At The Time Of Fir She Was Posted As Teacher R/O-Nenua, P.S.-DUMRAON, Distt.-Buxar And Present Address R/O Vill.-PONGADHI, P.S.-NATWAR, Distt.-Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dr.Kamal Deo Sharma, Advocate For the Opposite Party/s :
Mr.Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-07-2024
1. Heard learned counsel for the petitioner as well as learned APP for the State.
2. The learned counsel submits that by order dated 06.05.2024 case diary was called for, but the same till date has not been received.
3. The Court will not wait endlessly for the case diary, rather proceeds to decide the case on its own merits.
4. The petitioner seeks bail in anticipation of her arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471 of the IPC in connection with Buxar (Town) P.S. Case No.665 of 2023.
5. The learned counsel next submits that petitioner is a person with clean antecedent and is a women and the informant (Priyanka Kumari, D/o Mahendra Pratap) alleges that
Patna High Court CR. MISC. No.24321 of 2024(3) dt.23-07-2024 2/3 she joined as a teacher in M.P. High School, Buxar where she submitted her original certificate of B.Ed. and B.E.T.E.T., thereafter she was selected as Sub-Inspector of Police, accordingly she demanded her original documents back from the Teacher Employment Unit, Buxar, when she was informed by an employee of the employee unit that her original documents have been taken by another Priyanka Kumari who is a teacher in Nenoa Middle School, Dumraon, thereafter the informant contacted the D.E.O., D.P.O. and D.M., Buxar and gave an application in this regard that Priyanka Kumari i.e. petitioner is misusing her documents and based on that has even got a job.
6. The learned counsel submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that informant alleges that she got a job as a teacher in M.P. High School, Buxar, it is next submitted that had the petitioner misused the documents of the informant, in that event, the informant would have immediately come to know about the same as no two person based on the same certificate with different address would have been allowed to work. It is also submitted that no doubt name of the petitioner
Patna High Court CR. MISC. No.24321 of 2024(3) dt.23-07-2024 3/3 and the informant including the father name is the same, but then the address of their residence is different. It is also submitted that petitioner secured job based on her own certificate, as it is not possible that the petitioner would have obtained the certificate of the informant from the employment unit at Buxar and thereafter would have produce the same for seeking a job. It is next submitted that petitioner will not abscond rather will cooperate in the investigation.
7. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Buxar (Town) P.S. Case No.665 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
8. The application stands allowed.
(Satyavrat Verma, J) Prakash Narayan U T