Chintamani Kumari v. The Central Bureau Of Investigation, Through Its Superintendent Of Police, Bihar Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19820 of 2023 Arising Out of PS. Case No.-5 Year-2018 Thana- C.B.I CASE District- Patna ====================================================== CHINTAMANI KUMARI S/O- SUDARSHAN RAM Village- Shankar Pur Ps- Obra Dist- Aurangabad at present Village- Chandhos Paliganj Ps- Sigori Dist- Patna ... ... Petitioner/s

Versus

The Central Bureau of Investigation, through its Superintendent of Police, Bihar Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Onkar Nath For the Opposite Party/s :

Mr.Nivedita Nirvikar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 120B, 420, 467, 468, 471, 474 of the IPC but the cognizance has been taken u/s 120B, 201, 420, 419, 467, 468, 471, 474, 477A, 511 of IPC & 13(2) r/w, 13(1)(d) of the P.C. Act.

As per prosecution case, the allegation against the petitioner is that she was appointed as a post of Panchayat teacher on the basis of forged documents.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR rather her name was transpired in this case during course of investigation. The fact is

Patna High Court CR. MISC. No.19820 of 2023(4) dt.20-07-2023 2/2 that the candidates whose name appears in the first merit list did not appear for counseling and so the candidates below in merit list were appointed after due counseling alike the petitioner. Similarly situated co-accused namely, Usha Kumari has already been granted bail by a co-ordinate Bench of this Court vide order dt. 11.5.2023 passed in Cr. Misc. No. 72254 of 2022. She has got no criminal antecedent as stated in para-3 of the bail petition. Moreover, the petitioner voluntarily surrendered on 5.9.2022 and since then she is languishing in judicial custody. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with R.C case no. 0005(A) of 2018 (Special Case No. 8 of 2018) on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge CBI-II, Patna. (Sunil Kumar Panwar, J) Manishkumar/- U T