Bindeshwar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49554 of 2015 Arising Out of PS.Case No. -78 Year- 2015 Thana -THARTHARI District- NALANDA (BIHARSHARIFF) ====================================================== Bindeshwar Prasad Son of Late Sudhansu Prasad Resident of Village - Brijpur, P.O. - Namaurn - 803113, P.S. - Nursarai, District - Nalanda at present I/C Headmaster Rajkiyakrit Madhya Vidalaya Asta, P.S. - Tharthari, District - Nalanda. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Upendra Prasad For the Opposite Party/s : Mr. Upendra Kumar(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 10-02-2016 The petitioner apprehends in relation to Tharthari P.S. Case No. 78/2015 registered under Section 467, 468, 471, 420/34 of the Indian Penal Code and pending in the Court of Judicial Magistrate, 1st Class, Hilsa, Nalanda. It is alleged that one Gangotri Kumari on basis of an appointment letter came and joined the school of the petitioner where petitioner is the headmaster. When the Block Development Officer arrived and enquired into the matter, the said Gangotri Kumari made a statement that one Anil Kumar, who is accused no. 3 of the Prakhand Sansadhan Centre, had given her appointment letter, and on verification, it was found that the appointment letter was forged. Accordingly, the First

Patna High Court Cr.Misc. No.49554 of 2015 (3) dt.10-02-2016 Information Report was lodged against the said Gangotri Kumari, Anil Kumar and the petitioner. It is submitted that the petitioner is innocent and has committed no offence. This Court has already rejected the anticipatory bail application of Gangotri Kumari vide order dated 16.10.2015 passed in Cr. Misc. No. 47469/2015. But, so far as the present case is concerned, it is entire on a different footing.

Under the facts and circumstances of the case, in the event of his arrest/surrender before the court below within four weeks, let the petitioner namely, Bindeshwar Prasad, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Hilsa, Nalanda, in connection with Tharthari P.S. Case No. 78 of 2015, subject to condition laid down under Section 438(2) of the Code of Criminal Procedure.

(Navaniti Prasad Singh, J.) Rajeev/- U T