Akanksha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23950 of 2024 Arising Out of PS. Case No.-528 Year-2023 Thana- GRIYAK District- Nalanda ====================================================== Akanksha D/o- Om Prakash Kumar Village- Dihi Ps- Akbarpur Dist- Nawada. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The vigilance Investigation Bureau Bihar Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Kumar, Advocate For the State :

Mr. Ajay Mishra, APP For the Vigilance :

Mr. Arvind Kumar, Spl. P.P. Vigilan ce Mr. Paritosh Parimal, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 01-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner is apprehending her arrest in connection with Giriyak (Katrisarai) P.S. Case No. 528 of 2023, registered on 07.12.2023 for the offences under Sections 420, 467, 468, 471, 120B of the Indian Penal Code.

03. As per prosecution case, petitioner submitted a forged Intermediate mark-sheet and certificate at the time of her employment as a Panchayat teacher.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The petitioner has become victim of circumstances and she

Patna High Court CR. MISC. No.23950 of 2024(2) dt.01-05-2024 2/3 did not forge any document. Learned counsel further submits that petitioner has already been resigned from her job. Learned counsel further submits that no useful purpose would be served by putting the petitioner behind bar and she is ready to cooperate with the investigation and there is no possibility of tampering or doing anything of that sort.

05. Learned APP opposes the submission made on behalf of the petitioner. Learned APP submits that twice amnesty scheme was offered to those persons who got the job on the basis of forged and fabricated documents, the petitioner failed to avail the opportunity. Learned APP further submits that still the petitioner has not resigned from her job.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that the petitioner is a lady and there is no possibility of tampering or doing anything of that sort, the petitioner above named, in the event of her arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif/concerned court in

Patna High Court CR. MISC. No.23950 of 2024(2) dt.01-05-2024 3/3 connection with Giriyak P.S. Case No. 528 of 2023, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions : (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

07. However, before accepting the bail bond of the petitioner, the learned trial court would verify from the documents whether the petitioner has resigned from her job or not. If it is found that petitioner has not resigned from her job, her bail bond will not be accepted.

(Arun Kumar Jha, J) Ashish/- U T