Smt. Urmila v. The State Of Bihar

Patna High Court Cr.Misc. No.3393 of 2017 (2) dt.14-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3393 of 2017 Arising Out of PS.Case No. -244 Year- 2016 Thana -VAISHALI District- VAISHALI(HAJIPUR) ====================================================== Smt. Urmila D/o- Sri R.N. Mahto W/o- Tarun Singh R/o- village + P.O.- Madhopur, P.S.- Vaishali, District- Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shakti Suman Kumar For the Opposite Party/s : Mr. Sri Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 14-02-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending her arrest in connection with Vaishali P.S. Case No. 244 of 2016 registered for the offence punishable under Sections 420, 407, 468, 471, 409, 201(C) of the Indian Penal Code.

Accusation is that on the basis of forged certificate, the petitioner has obtained government job.

Learned counsel for the petitioner has submitted that the petitioner was appointed as a contract Teacher under Matiyan District, Vaishali as a Panchayat Siksha Mitra on the basis of requisite qualification of Intermediate after due verification of the said certificate. Even, in the departmental inquiry, no irregularities or forgery committed by the petitioner has been found by

Patna High Court Cr.Misc. No.3393 of 2017 (2) dt.14-02-2017 authority. The prosecution story is based on the certificate of B.A. Part-III, which was found to be forged. Since the employment was based on Intermediate certificate, which has duly been verified and found to be genuine, no case of forgery is made out against this petitioner for obtaining employment on the basis of forged certificate. Hence, the petitioner deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case and the nature of allegation, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000 (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of C.J.M., Vaishali at Hajipur in connection with Vaishali P.S. Case No. 244 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Arvind Srivastava, J) brajesh/- U T