Srimati Bindu Kumari @ Bindu Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47064 of 2017 Arising Out of PS.Case No. -204 Year- 2016 Thana -KURTHA District- JEHANABAD ====================================================== Srimati Bindu Kumari @ Bindu Kumari, wife of Vinod Kumar Singh, resident of village Helarpur, P.S. Kinjar, Distt.Arwal. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arvind Prasad Singh, Advocate. For the Opposite Party/s : Mr. Akshay Lal Pandit, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15-01-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends her arrest in Kurtha P.S. Case No. 204 of 2016 instituted for the offence under Sections 419, 420, 467, 468, 471 and 120(B) of the Indian Penal Code. Petitioner who is wife of Binod Kumar Singh was appointed as Panchayat Teacher in Primary School, Saidpur, under Gram Panchayat Kodamari, Kurtha. It is alleged that with the same name of Bindu Kumari, two other Panchayat Teachers are also working in two different schools on the basis of same educational certificates. It is further alleged that in the aforesaid selection, the Mukhiya and Panchayat Secretary of Kodamarai and Khem Karan Sarai are guilty.
Learned counsel for the petitioner has submitted that this petitioner has produced photocopy of educational certificate
Patna High Court Cr.Misc. No.47064 of 2017 (5) dt.15-01-2018 2/3 before the Selection Unit, Garam Panchayat, Kodamarai, Block Katha, Distt. Arwal. The Selection Unit prepared the merit list after perusing the entire educational certificates of the petitioner and, thereafter, the petitioner and other persons were selected for the post of Panchayat Teachers. The petitioner has no concern with Bindu Kumari who is alleged to be working in two different schools. It has further been submitted that petitioner has committed no irregularity.
It has further been submitted that other co-accused persons have been granted anticipatory bail by coordinate Benches of this Court vide order dated 01.07.2017 and 05.07.2017 passed in Cr. Misc. 29067 of 2017 and 17322 of 2017 respectively. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Kurtha P.S. Case No. 204 of 2016, she shall be released on anticipatory bail 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, Distt. Arwal, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the
Patna High Court Cr.Misc. No.47064 of 2017 (5) dt.15-01-2018 3/3 jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Sanjay Priya, J) S.Ali/- U T