Mina Kumari And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.9850 of 2017 (4) dt.05-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9850 of 2017 Arising Out of PS.Case No. -697 Year- 2016 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================

1. Mina Kumari Daughter of Dayanand Jha, Wife of Rakesh Ranjan Jha Vill. + P.O. - Bhrampur, Via + P.S. - Bihpur, District - Bhagalpur.

2. Rubi Kumari Daughter of Janardan Das Resident of Vill. + P.O. - Nagarpada, P.S. - Bihpur, District - Bhagalpur.

3. Rakesh Kumar Roushan Son of Parmeshwar Singh Resident of Vill. + P.O. - Balaha, Via - Narayanpur, P.S. - Bhawanipur, District - Bhagalpur.

4. Niranjan Kumar Das Son of Ramdhari Das Resident of Vill. - Chakrami, P.O. - Narayanpur, P.S. - Bhawanipur, District - Bhagalpur

5. Suresh Pd. Mandal Son of Akasi Mandal Resident of Vill. + P.O. - Narayanpur (Navtolia), P.S.- Bhawanipur, District - Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amish Kumar, Adv. For the Opposite Party/s : Mr. Pranav Kumar, APP CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 05-05-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Kotwali (Adampur) Police Station Case No. 697 of 2016, disclosing offences under Sections 409, 420, 467, 468, 471, 120B of the Indian Penal Code.

Learned counsel for the petitioners has submitted that the petitioners, who are of clean antecedent, are innocent and have falsely been implicated in this case. In fact, the petitioners were appointed as contract Teacher after due

Patna High Court Cr.Misc. No.9850 of 2017 (4) dt.05-05-2017 verification of their certificates by authorities but during course of inquiry, the certificates of these petitioners have been found to be forged and fabricated and for which, F.I.R. has been instituted against them, resultantly, the petitioners have been removed from their services. Moreover, co-accused Peskar Ali @ Md. Peshkar Ali, having more or less similar allegation has already been granted bail by this Court in Cr. Misc. No. 1367 of 2017. Hence, the petitioners deserve the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, 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 learned Chief Judicial Magistrate, Bhagalpur, in connection with Kotwali (Adampur) Police Station Case No. 697 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J.) Brajesh/- U T