Soni Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27687 of 2020 Arising Out of PS. Case No.-118 Year-2019 Thana- KOTWA District- East Champaran ====================================================== 1.

SONI KUMARI W/o Binod Kumar Pandit R/o Village- Kotwa Kolwar, P.S.- Kotwa, District- East Champaran, Presently posted as Teacher, Middle School, Rajapur Ahirauliya, P.S.- Kotwa, District- East Champaran. 2.

Ramakant Prasad Yadav S/o Birendra Ray R/o Village- Kotwa Kolwar, P.S.- Kotwa, District- East Champaran, Presently posted as Teacher Upgraded Middle School, Ahirauliya East, P.S.- Kotwa, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raju Kumar For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 26-11-2020 Heard counsel for the petitioners and counsel appearing on behalf of the State.

The petitioners are apprehending arrest in connection with Sangrampur P.S. Case No. 118 of 2019, G.R.Case No.3956 of 2019 for offences under Sections 420/34, 467 and 468 of the IPC.

Allegation against these two petitioners is that they have procured job as Panchayat Teacher on the basis of forged TET certificates.

Learned counsel for the petitioners submits that the petitioners have no criminal antecedent. The appointment of the petitioners was made on thorow verification of the certificates which are genuine one. No departmental proceeding has been

Patna High Court CR. MISC. No.27687 of 2020(2) dt.26-11-2020 2/2 initiated against the petitioners and without initiating any departmental proceeding and affording opportunity of hearing, the District Education Officer, in most arbitrary manner, has decided to proceed against the petitioners by lodging FIR. Considering the fact that the petitioners have no criminal antecedent, the Court is inclined to grant anticipatory bail to the petitioners on deposit of cash of Rs.50,000/- (fifty thousand) each. Let the petitioners, above named, in the event of arrest or surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 50,000/- (Fifty Thousand) each with two sureties of the like amount each to the satisfaction of the CJM, East Champaran, Motihari in connection with Sangrampur P.S. Case No. 118 of 2019, G.R.Case No.3956 of 2019 subject to deposit of Rs.50,000/- each and further subject to the conditions as laid down under Section 438(2) Cr. P. C.

The deposit of cash of Rs.50,000/- shall abide by the final outcome of the present pending criminal case. Grant of anticipatory bail to the petitioners shall not be taken as approval of genuineness of their certificates. spandey/- (Anil Kumar Upadhyay, J) U T