Sanju Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21556 of 2020 Arising Out of PS. Case No.-26 Year-2020 Thana- TEKARI District- Gaya ====================================================== 1.
SANJU KUMARI Wife of Sri Vijay Shankar Prasad Resident of Village - Pananiya, P.S.- Imamganj, Dist.- Gaya.
2.
Chanchala Kumari Daughter of Sri Ramanugrah Prasad Resident of Village - Baiju Bigha, Dist.- Gaya.
3.
Dhananjay Kumar Son of Ram Swarup Prasad Resident of Village - Pathara, P.S.- Imamganj, Dist.- Gaya.
... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Prithivi Raj Singh For the Opposite Party :
Smt. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 08-12-2020 Heard Mr. Prithvi Raj Singh, learned counsel appearing on behalf of the petitioners and Smt. Sucheta Yadav, learned Additional Public Prosecutor, for the State of Bihar. This application for grant of anticipatory bail arises out of Tikari P.S. Case No. 26 of 2020, registered for the offence punishable under Sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code.
Allegedly, the petitioners obtained their appointments as Teacher on the basis of certificates of having passed Bihar Teachers Eligibility Test, which were subsequently found to be fake.
2/4 Learned counsel appearing on behalf of the petitioners has submitted that the petitioners have been removed from service and they are not working presently. He has further submitted that since case of the prosecution is based on documentary evidence, there is no likelihood of tampering with the evidence and further there is no chance of the petitioners fleeing from the course of investigation or trial. Considering the facts and circumstances and the submissions advanced on behalf of the petitioners, as noted above, this application is allowed.
Let the petitioners above named, in the event of their arrest/surrender within eight weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 6th Gaya, in Tikari P.S. Case No. 26 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions,
3/4 their bail bonds shall be liable to be cancelled. It is directed that the defect(s) in the application, pointed out by the Registry, must be removed within two months.
Since COVID-19 Pandemic situation is prevailing, the Court has considered it appropriate to adopt following procedure for communication of the present order :- (i) The order, which has been dictated during the course of the proceedings of virtual Court, shall be communicated to me on my e-mail I.D. by the Secretary. (ii) The corrected copy of the order shall be transmitted by me from my e-mail I.D. to the Secretary, which shall be treated to be the authentic copy of the order passed by this Court today in the present proceeding.
(iii) Hard copy of the order, duly signed by me, shall be preserved in my residential-office for documentation and future use, if any.
(iv) Let a copy of the order be communicated to the learned Court below through e-mail or any other appropriate electronic mode by the Registry.
Let steps be taken by the Registry for uploading of the present order without compromising with the norms of social
4/4 distancing.
(Chakradhari Sharan Singh, J) Pawan/- U T