Meena Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37762 of 2021 Arising Out of PS. Case No.-277 Year-2019 Thana- RAJPUR District- Buxar ====================================================== MEENA KUMARI W/O JAI PRAKASH SINGH R/O VILLAGEDEWADHIYA, P.S-RAJPUR, DISTRICT-BUXAR. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Parijat Saurav For the Opposite Party/s :

Mr. Ajay Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-12-2021 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Rajpur P.S. Case No. 277 of 2019 registered for the offence under Sections 419, 420, 467, 468, 120(B) and 471 of the Indian Penal Code.

The petitioner is said to have got appointment on the false and fabricated document.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is

Patna High Court CR. MISC. No.37762 of 2021(2) dt.08-12-2021 2/3 innocent and has falsely been implicated in this case. As a matter of fact, the petitioner was appointed on the post of Shiksha Mitra and at the time of her appointment, all the relevant documents produced by her have thoroughly been examined and verified by the concerned authorities. But, unfortunately, on re-verification in the light of order passed by this Court in C.W.J.C. No. 15459 of 2014, the documents produced at the time of appointment of the petitioner are found to have been forged and fabricated and on that ground the petitioner has been dismissed from her services. Even after her dismissal from service for the alleged offence, she is being prosecuted in this case and she is rotting in judicial custody since 15.03.2021. Hence, the petitioner deserves for a sympathetic consideration of this Court and may be enlarged on bail.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the, above named, petitioner be released on 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, Buxar in connection with

Patna High Court CR. MISC. No.37762 of 2021(2) dt.08-12-2021 3/3 Rajpur P.S. Case No. 277 of 2019 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) braj/- U T