Suman Devi v. The State Of Bihar Through Vigilance
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24198 of 2023 Arising Out of PS. Case No.-695 Year-2021 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== SUMAN DEVI D/o Shankar Prasad, W/o Brajwas Sharma @ Brijvash Sharma R/V and P.O- Karmnasha, PS- Durgawati, Dist- Kaimur (Bhabhua).At present Basic Teacher posted in Utkramit Madhya Vidyalaya, Pokhara (Bhubua) ... ... Petitioner/s
Versus
The State of Bihar through Vigilance Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhash, Advocate For the Opposite Party/s :
Mr. Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-08-2023 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 420 , 467 , 468 , 471 and 120(B) of the IPC .
3. As per the prosecution case, petitioner obtained appointment on the post of Panchayat teacher on the basis of forged and fabricated educational certificates.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the Deputy Secrtary Verification Cell, Bihar School Examination Board, Patna, vide letter No. 4506 dated 26.06.2023 addressed to the Police Sub Inspector,
Patna High Court CR. MISC. No.24198 of 2023(6) dt.29-08-2023 2/3 Bhabua Police Station, Kaimur, has informed that the records of the Bihar School Board, the B.T.E.T. Result of petitioner, namely Suman Devi Father's Name Shankar Prasad Roll no. 1502118307 Serial No. 049900 year 2011 marks obtained 90 in paper-1, marks obtained 84 in paper-2 and result was qualified. During investigation , the B.E.T.E.T. Marksheet of this petitioner was found to be qualified, but in the Document Management System (D.M.S.) she was declared fail, as such petitioner has not committed any offence as alleged. Petitioner claims clean antecedent.
5. However, learned counsel for the Vigilance, by filing a counter affidavit, submitted that Bihar School Examination Board, Patna, vide letter no. BSEB/VVC/745/2021 dated 16.08.2021 has informed that in the records of Bihar School Examination Board, Patna, the B.E.T.E.T. Result Card 2011 submitted by the accused petitioner Suman Devi, Father's Name: Shankar Prasad, Roll No. 1502118307, Serial No. - 049900, Category: BC, marks obtained: 090 in Paper-1, ResultQualified, marks obtained: 084 in Paper-11 and ResultQualified, actually shows the following descriptions: Name: Suman Devi, Father's Name: Shankar Prasad, Roll No.: 1502118307; Category: BC; marks obtained: 029 in Paper-1
Patna High Court CR. MISC. No.24198 of 2023(6) dt.29-08-2023 3/3 Result: Not Qualified; 036 in Paper-11 Result: Not Qualified; and in the remark column, the B.E.T.E.T. 2011 result card submitted by the accused petitioner has been marked by the Bihar School Examination Board, Patna, as fake. Thus, the petitioner, Suman Devi, on the basis of a forged and fake B.E.T.E.T. 2011 result card had got herself appointed as Niyojit Block teacher.
6. Considering the nature of accusation and gravity of allegation, prayer for pre-arrest bail of the petitioner is rejected. (Prabhat Kumar Singh, J) Kaushik/- U T