Sweta Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26136 of 2023 Arising Out of PS. Case No.-158 Year-2022 Thana- PALI District- Jehanabad ====================================================== SWETA KUMARI D/O KAUSHAL KISHORE AND W/O RAJ KUMAR R/O Village- Chhariyari, P.S- Makhdumpur, Distt.- Jehanabad, Posted as Panchayat Teacher in newly created primary school Gareriya Bigha, P.S- Pali, Distt.- Jehanabad.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

SUSHIL KUMAR YADAV POLICE INSPECTOR-CUM-ENQUIRY OFFICER, NIGRANI ANWESHAN BEURO 6. SURCULAR ROAD BIHAR ... ... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s :

Mr.Shankar Kumar, Advocate For the Opposite Party/s :

Mr.Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-07-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner apprehends her arrest in connection with Pali P.S. Case No. 158 of 2022, registered for the offences punishable under Sections 420, 467, 468, 471 and 120(b) of the Indian Penal Code.

The allegation is regarding the petitioner having obtained job as a Panchayat Teacher in the Primary School, Gareria Bigha, Gram Panchayat, Bara, Block-Kako, on the basis of forged and fake

Patna High Court CR. MISC. No.26136 of 2023(2) dt.07-07-2023 2/3 marks sheet of intermediate examination.

The learned counsel for the petitioner has submitted that the petitioner is innocent, she has been falsely implicated in the present case and she is having a clean antecedent. The learned counsel for the petitioner has further submitted that since the petitioner has already stood terminated from her services vide Memo No. 145 dated 21.02.2023, issued by the Block Education Officer, Kako, Jehanabad, she has suitably been punished, hence she be admitted to the privilege of anticipatory bail.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the services of the petitioner, as a Panchayat Teacher, has already stood terminated, apart from

Patna High Court CR. MISC. No.26136 of 2023(2) dt.07-07-2023 3/3 the fact that she is having a clean antecedent, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail. Accordingly, the petitioner, above named, is directed to be released on anticipatory bail in the event of her arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Jehanabad in connection with Pali P.S. Case No. 158 of 2022,subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U