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Patna High CourtCR. MISC./29407/2024bail granted

Saziya Khatoon v. The State Of Bihar

2024-04-24Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14075 of 2024 Arising Out of PS. Case No.-305 Year-2023 Thana- PATEPUR District- Vaishali ====================================================== Aman Kumar SON OF BHUPESH PRASAD GUPTA Resident of VillageDighikala Purvi/ East Ward No 07, House No 68 Near Railway Station, Dighi Kalan, PS- Hajipur Sadar District -Vaishali Bihar 844102 ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 29407 of 2024 Arising Out of PS. Case No.-305 Year-2023 Thana- PATEPUR District- Vaishali ====================================================== SAZIYA KHATOON D/O MD SERAZ R/O VILLAGE- MIRAJANAGAR, P.S- MAHUA, DISTT.- VAISHALI.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 14075 of 2024) For the Petitioner/s :

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

Mr. Arun Kumar Pandey, APP (In CRIMINAL MISCELLANEOUS No. 29407 of 2024) For the Petitioner/s :

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

Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-04-2024

1. Heard learned counsel for the parties.

2. The petitioners have preferred this application for grant of regular bail in connection with Patepur P.S. Case no. 305 of 2023 registered under sections 420, 120B, 467, 468 and 471 of the Indian Penal Code.

3. As per the prosecution case, the petitioner Saziya

Patna High Court CR. MISC. No.14075 of 2024(3) dt.24-04-2024 2/3 Khatoon is said to have made an attempt to join service in the capacity of a Government Assistant Teacher but in an enquiry it was discovered that her appointment letter as also other documents were forged and fabricated. She had not been appointed. In her confession she disclosed that there was a group involved in manufacture of forged appointment letter etc. in which petitioner Aman Kumar was an active member.

4. It is submitted by learned counsel for the petitioner Aman Kumar that the petitioner has been falsely implicated in the case. Neither he is a beneficiary of any appointment nor any incriminating material has transpired against him to connect him with the alleged crime. The only material against him is the confessional statement of coaccused Saziya Khatoon made before the police. He is in custody since 16.12.2023 and has no criminal antecedent.

5. Learned counsel for the petitioner Saziya Khatoon submits that the petitioner has been falsely implicated in the case. She did not manufacture nor produced any forged certificate as alleged in the FIR. She is in custody since 15.12.2023 and chargesheet has been submitted in the case.

6. Heard learned A.P.P. for the State.

7. Having heard learned counsel for the parties and taking

Patna High Court CR. MISC. No.14075 of 2024(3) dt.24-04-2024 3/3 into consideration nature of allegations against the petitioners in the F.I.R., the material that has transpired in course of investigation and the petitioners having remained in custody for 4 months since 16.12.2023 and 15.12.2023 respectively, the Court directs both the petitioners to be enlarged on bail in connection with Patepur P.S. Case no. 305 of 2023 on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class,Vaishali at Hajipur.

(Partha Sarthy, J) Bibhash U T