Patna High CourtCR. MISC./30185/2025allowed

Baby Kumari v. The State Of Bihar

2025-08-13Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30185 of 2025 Arising Out of PS. Case No.-4 Year-2025 Thana- DUMARIAGHAT District- East Champaran ====================================================== Baby Kumari D/o Harishankar Sharma R/o Village- Sarotar, P.S.- Dumariaghat, Distt.- East Champaran at Motihari ... ... Petitioner/s

Versus

The State of Bihar 2.

Rajesh Kumar, D.S.P., Vigilance Investigation Bureau, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashank Shekhar, Adv.

For the Opposite Party/s :

Mr. Ajay Mishra, APP For the V.I.B.

Mr. Arvind Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 13-08-2025 Heard learned counsel for the petitioner, learned APP for the State as well as learned Advocate for the Vigilance Investigation Bureau.

2. The petitioner apprehends her arrest in connection with Dumariaghat P.S. Case No.4 of 2025 registered for the offences punishable under Sections 420, 467, 468, 471 and 120B of the Indian Penal Code.

3. Allegedly, the petitioner fraudulently obtained her appointment as Panchayat Teacher based upon the forged and fabricated Teachers Training Mark-Sheet. In course of verification, the certificates were found to be forged leading to institution of the FIR.

4. Learned Advocate for the petitioner submitted that

Patna High Court CR. MISC. No.30185 of 2025(4) dt.13-08-2025 2/3 besides the fact that the petitioner is a lady, she herself made a victim of circumstances at the hands of the Teacher Training Institute. Nonetheless, at the time of her employment, she submitted all the certificates, which were duly verified and at that point of time, no objection was raised. It is further contended that the entire case is based on documentary evidence, which are exclusively in possession of the investigating authorities. The petitioner bears fair antecedent and she undertakes that she will fully cooperate in the investigation and the proceeding of the Court.

5. Referring to the letter contained in Memo No.202 dated 15.01.2025 issued under the signature of the District Programme Officer, East Champaran, Motihari, the learned Advocate for the petitioner further contended that on account of institution of the FIR, the concerned appointing authorities have been directed to take action for termination of services of the petitioner along with others. The learned Advocate for the petitioner, on instruction(s), submitted that now the services of the petitioner has already been dispensed with.

6. On the other hand, learned Advocate for the Vigilance Investigation Bureau, referring to the averments made in the counter affidavit, has contended that the entire inquiry has been conducted pursuant to the direction of this Hon'ble Court

Patna High Court CR. MISC. No.30185 of 2025(4) dt.13-08-2025 3/3 in C.W.J.C. No.15459 of 2014. The certificate of the petitioner was duly verified and on being found forged, the FIR came to be instituted. The petitioner by fraudulent means obtained appointment and illegally withdrew salary.

7. Regard being had to the submissions made on behalf of the parties and taking note of the fact that the services of the petitioner has already been terminated and now the entire documentary evidence are with the investigating authorities, coupled with the fact that the petitioner is a lady having fair antecedent, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned 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 Chief Judicial Magistrate, East Champaran at Motihari in connection with Dumariaghat P.S. Case No.4 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J) rohit/- U T