Patna High CourtCR. MISC./43031/2017bail granted

Veena Kumari v. State Of Bihar And ANR

2017-09-21Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43031 of 2017 Arising Out of PS.Case No. -67 Year- 2017 Thana -MASRAKH District- SARAN ====================================================== Veena Kumari, Daughter of Ramesh Ram, resident of Village- Jagatpur Sahadi Patti, P.S.- Basantpur, District- Siwan, presently posted as Assistant Teacher, Primary School, Chand Kudariya Urdu, P.S.- Mashrakh, DistrictSaran at Chapra. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Superintendent of Police, Vigilance, North Bihar, Muzaffarpur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Binod Singh For the Opposite Party/s : Mr. Binod Kumar 3 ======================================================

CORAM:

HONOURABLE MR.

JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-09-2017 Heard the parties.

This application, for grant of anticipatory bail, arises out of Mashrakh P.S. Case No. 67 of 2017 (Special Case No. 13 of 2017), disclosing offences under Sections 419, 420, 409, 467, 468, 471, 201 and 120(B)of the Indian Penal Code and Section 13 (1) (d) of the Prevention of Corruption Act, 1988.

Allegation against the petitioner is that she used

Patna High Court Cr.Misc. No.43031 of 2017 (2) dt.21-09-2017 2/3 forged certificate of having cleared Teachers Eligibility Test (TET), held in the year 2011, for securing appointment as teacher.

Learned counsel for the petitioner has submitted that the petitioner's appointment was made after due verification of the certificate, which she had produced. It is also being submitted that since the petitioner is ready to cooperate with the investigation and there being no likelihood of tampering with the evidence, no purpose will be served if the petitioner is taken into custody. Learned counsel for the petitioner has also drawn my attention to an order of this Court, dated 01.09.2017, passed in Cr. Misc. No. 40091 of 2017, whereby, the similarly circumstanced other co-accused, namely, Punam Kumari, has been allowed anticipatory bail. Considering the facts and circumstances of the case and the submission so made on behalf of the petitioner, this application is allowed.

Let the petitioner, above named, in the event of her arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance, North Bihar, Muzaffarpur, in connection with Special Case No.

Patna High Court Cr.Misc. No.43031 of 2017 (2) dt.21-09-2017 3/3 13 of 2017, arising out of Mashrakh P.S. Case No. 67 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself/herself before the police/Court, as the case may be, as and when required and in the event of failure on his/her part to appear before the Court on two consecutive occasions, his/her bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Praveen-II/- U T