Kaushalya Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20949 of 2022 Arising Out of PS. Case No.-33 Year-2022 Thana- LAXMIPUR District- Jamui ====================================================== Kaushalya Kumari, W/O Umesh Das @ Umesh Ravidas R/O VillageSansarpur, Gram Seva, P.S.- Laxmipur, District- Jamui ... ... Petitioner/S
Versus
1. The State Of Bihar
2. The Vigilance Investigation Bureau, Patna through A.D.G. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun Kumar- Advocate For the State :
Mr. Ajay Mishra- A.P.P.
For the Vigilance :
Mr. Arvind Kumar- Special P.P. Vigilance ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-11-2022 Heard learned counsel for the petitioner, learned Special P.P. for the Vigilance and learned APP for the State. The petitioner seeks bail in anticipation of her arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471/ 120B of the Indian Penal Code.
The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a woman and the informant alleges that petitioner secured appointment as Teacher based on forged and fabricated educational and training certificate. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is next submitted that the entire inquiry was conducted behind her back. It is also submitted that had an opportunity been given to the petitioner to explain her side of the case, perhaps the present F.I.R. would not
Patna High Court CR. MISC. No.20949 of 2022(3) dt.02-11-2022 2/2 have been instituted. It is thus submitted that based on an ex parte inquiry, the present F.I.R. came to be instituted. The learned A.P.P. as well as learned Special P. P. for the Vigilance vehemently opposes the bail application, but are not able to meet the submission of the learned counsel for the petitioner that before instituting an F.I.R., no show-cause or an opportunity of hearing was given to her for explaining her side of the case. 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 her furnishing bailbonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Laxmipur/ Gidhaur P. S. Case No.33 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
The application stands allowed.
(Satyavrat Verma, J) vikash/- U T