Rubi Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26613 of 2022 Arising Out of PS. Case No.-248 Year-2021 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== RUBI KUMARI D/O OF TRIVENI PRASAD YADAV, W/O- MUKESH YADAV R/O VILLAGE- GOVINDPUR, P.S.- SAHEBPUR KAMAL, DISTRICT- BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Mishra For the Opposite Party/s :

Mr. Ajay Mishra For the Vigilance :

Mr. Arvind Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-09-2022 Heard the parties.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. Learned counsel for the Vigilance filed a counter affidavit in the present case. Let the same be accepted and kept on record. The petitioner apprehends her arrest in a case registered for the offence punishable under section 420, 467, 468, 471/120(B) of the Indian Penal Code.

Allegedly, the petitioner got appointment as panchayat teacher in Govindpur village, Begusarai on the basis of forged

Patna High Court CR. MISC. No.26613 of 2022(3) dt.13-09-2022 2/3 certificate.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. She has been falsely implicated in this case due to grudge anger and personal dispute with the mukhiya Subodh Yadav with whom there is some criminal dispute arises in the year 2015, which is also evident from annexure-2 of the bail application. No such occurrence, in the manner as alleged, has ever taken place. He further submits that the document submitted on behalf of the petitioner was senior secondary examination July, 2003 from West Bengal from Mahamaya Siksha Parishad Paschim Bangal. The documents were sent to the Vigilance Bihar School Examination Board, and vigilance has not verified the certificate of the petitioner because petitioner has passed the said examination from West Bengal.

The result shows total pass marks 356, result pass alongwith application showing marks and result matric 369/700- 52.7% and Higher Secondary 356/50071.22% and both the documents was duly verified by the then Panchayat Secretary. The petitioner made her affidavit before S.D.O. cum Oath Incharge declared that the documents placed at the time of her appointment and selection are correct and true. Petitioner has not been removed from her service till date.

Patna High Court CR. MISC. No.26613 of 2022(3) dt.13-09-2022 3/3 Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, 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 six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in Sahebpur Kamal P.S. Case No.248 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T