Pinki Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12115 of 2018 Arising Out of PS. Case No.-311 Year-2017 Thana- ATRI District- Gaya ====================================================== Pinki Kumari, D/o- Naresh Prasad, W/o- Ritesh Kumar, R/o- VillageKatalpura, P.O.- Bairika, P.S.- Atri, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rama Kant Singh For the Opposite Party/s :

Mr. ASHARAF ANSARI ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-03-2018 Heard learned counsels for the petitioners and State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 406, 420, 467, 468 and 471 of the IPC.

The prosecution case, as per the written report of Child Development Project Officer, Atari, submitted to the Station House Officer, Atari is to the effect that in the year 2014, an advertisement was published for selection of Sewika for Katalpura Centre in the District of Gaya. In pursuance to the said advertisement, the petitioner applied and submitted her mark-sheet of the matriculation suggesting that she obtained 296 marks. Subsequently, the said advertisement of 2014 was stayed and selection was not made. In the year 2016, again for the same post and centre, the advertisement was published and the

Patna High Court Cr.Misc. No.12115 of 2018(2) dt.05-03-2018 2/3 petitioner applied and submitted her mark-sheet suggesting her marks in the matriculation as 249 and on the basis of the same, the selection was made. Subsequently, an enquiry was made from Bihar Secondary School Examination Board, when it was found that earlier mark-sheet submitted by the petitioner in the year 2014, was not genuine.

It is submitted by learned counsel for the petitioner that even assuming the fact that earlier mark-sheet was forged one, though the selection of the petitioner was made on the basis of subsequent mark-sheet which is not in dispute. Moreover, the petitioner is a lady. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the petitioner produced two mark-sheets of matriculation, out of which one mark-sheet was found to be forged.

Considering the fact that selection of the petitioner was not made on the basis of alleged forged marksheet and the petitioner being a lady, let above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two

Patna High Court Cr.Misc. No.12115 of 2018(2) dt.05-03-2018 3/3 sureties of like amount each to the satisfaction of learned ACJM, Gaya in connection with Atari P.S. Case No. 311 of 2017, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T