Vimal Kumari And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6039 of 2018 Arising Out of PS.Case No. -12 Year- 2017 Thana -PIYAR District- MUZAFFARPUR ======================================================

1. Vimal Kumari, daughter of Ful Babu Ray, Resident of Village Garhan, PO. Bochahan, P.S. Ahiyapur, Dist. Muzaffarpur.

2. Minu Kumari, daughter of Rama Shankar Prasad, Resident of Village Banghara, P.O. Ghosaut, P.S. Siwaipatti, Dist. Muzaffarpur.

3. Rinku Kumari, daughter of Devendra Choudhary, Resident of Village Chaupar, P.O. Sanahi, P.S. Bochahan, Dist. Muzaffarpur.

4. Kavita Kumari, Daughter of Jagdev Thakur, Resident of Villlage Laxmipur Arar, P.O. Bakhra, P.S. Saraiya, Dist. Muzaffarpur.

5. Sushil Kumar, Son of Tej Narayan Singh, Residnet of Village Ladaura, P.S. Kalyanpur, Dist. Samastipur.

6. Moni Kumari, daughter of Khelawan Prasad, Resident of Village Bhagwanpur Darhiya, P.S. Bochaha, Dist. Muzaffarpur.

7. Guddu Kumar, son of Ram Naresh Choudhary, resident of Village Balha, P.S. Chak Mahesi, Dist. Samastipur.

8. Vikash Kumar, son of Shekha Chandra Prasad Yadav, resident of Rampur Yadoo, P.S. Sheohar, Dist. Sheohar.

9. Sanju Kumari, Daughter of Maheshwar Sahni, Resident of Village Simra, P.S. Piar, Dist. Muzaffarpur.

10. Kumari Puja, daughter of Surendra Kumar, resident of Village Pilkhi, P.S. Sakra, Dist. Muzaffarpur.

11. Smita Rani Kumari @ Samita Rani Kumari, daughter of Ganga Prasad Singh, Resident of Village Bandra, P.S. Piar, Dist. Muzaffarpur.

12. Dinesh Kumar, son of Ram Swarup Chaurasia, Resident of Village Karnpur Bochahan Goi, P.O.+P.S. Bochahan, Dist. Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amish Kumar For the Opposite Party/s : Mr. Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 02-02-2018 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are apprehending their arrest in connection with Piar P.S. Case No. 12 of 2017 registered for offences under sections 406, 420, 467 & 471 of the Indian

Patna High Court Cr.Misc. No.6039 of 2018 (2) dt.02-02-2018 Penal Code.

An allegation has been made that the petitioners were required to pass the TET Examination and having obtained the certificate, they were appointed as a Teacher but, later on, on an enquiry, it was found that the certificates were forged. Learned counsel for the petitioners has submitted that at the time of appointment, the certificates were verified, only thereafter, the petitioners were appointed, has placed reliance on the order of this Court dated 21.09.2017 in Cr. Misc. No. 40772 of 2017 wherein I myself had granted anticipatory bail. He has placed further placed reliance on the order dated 1.9.2017 passed by the coordinate Bench of this Court in Cr. Misc. No. 40091 of 2017 granting anticipatory bail to the petitioner. Looking to the entire facts and circumstances of the case, let the petitioners, namely, 1. Vimal Kumari, 2. Minu Kumari,

3. Rinku Kumari, 4. Kavita Kumari, 5. Sushil Kumar, 6. Moni Kumari, 7. Guddu Kumar, 8. Vikash Kumar, 9. Sanju Kumari, 10. Kumari Puja, 11. Smita Rani Kumari @ Samita Rani Kumari and

12. Dinesh Kumar, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Judge Vth - cum- Additional

Patna High Court Cr.Misc. No.6039 of 2018 (2) dt.02-02-2018 Chief Judicial Magistrate, Muzaffarpur in connection with Piar P.S. Case No. 12 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also as and when the police will call for interrogation, the petitioners will have to remain present, in failure to produce themselves, the prosecution will be at liberty to make a prayer for cancellation of the bail. (Shivvaji Pandey, J) Rishi/- U T