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Patna High CourtCR. MISC./13128/2017bail granted

Shiromani Devi v. The State Of Bihar

2017-03-29Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13128 of 2017 Arising Out of P.S.Case No. -178 Year- 2016 Thana -MANIGACHI District- DARBHANGA ====================================================== Shiromani Devi, Daughter of Nageshwar Das @ Sri Nageshwar Das, W/o Ram Prakash Ram, resident of Village- Maubehat, P.S. Manigachhi, District- Darbhanga.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Gagan Deo Yadav, Advocate For the Opposite Party : Mr. Pawan Kumar Chaurasiya, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 29-03-2017 Heard.

The petitioner apprehends her arrest in connection with Manigachhi P.S.Case No.178 of 2016 registered for an offence under Section, 409, 420, 467, 468 and 471 of the IPC The case has been registered on the basis of the report submitted by BDO, Manigachhi wherein it has been alleged that this petitioner secured appointment on the post of Vikas Mitra on the basis of forged educational certificate of Madhyama. The said certificate was got verified from the office of Bihar Sanskrit Shiksha Board, Patna, and it was found that the certificate produced by the petitioner was different from the records available in Sanskrit Shiksha Board.

Patna High Court Cr.Misc. No.13128 of 2017 (2) dt.29-03-2017 2/2 The counsel for the petitioner submits that the petitioner was appointed on the basis of genuine documents. The petitioner passed Madhyama examination in the year 2003 under registration no.211565 of 2003 having roll code no.2105 and roll no.206. After the complaint against this petitioner, the BDO, Manigachhi enquired into the matter and verified the mark sheet of this petitioner from the Bihar Sanskrit Shikhsha Board, Patna as per letter no.1032 dated 29.07.2015. In compliance thereof, the Board as per letter no.184 dated 31.08.2015 reported the mark sheet of this petitioner as genuine. There is no antecedent against this petitioner and so deserves the anticipatory bail. However, counsel for the APP opposed the submissions.

Considering the nature of allegation as also the submission to this effect that on subsequent verification, the mark sheet of the petitioner was found genuine, let the above named petitioner in the event of her arrest or surrender in the court below be admitted on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of CJM, Darbhanga in connection with Manigachhi P.S.Case No.178 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Sanjay Kumar, J) B.Kr.