Rabbana Parween v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 28710 of 2020 Arising Out of PS. Case No.-181 Year-2019 Thana- JALE District- Darbhanga ====================================================== RABBANA PARWEEN W/o Md. Taj Resident of Jale Panchayat, Jale North, P.S.-Jale, District-Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Arvind Kumar, Advocate For the S t a t e :

Ms Asha Kumari, APP For the V i g i l a n c e :

Mr Arvind Kumar, Special PP (Vigilance) ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 22-01-2021 Heard learned counsel for the petitioner, learned Special PP for the Vigilance and the learned APP for the State. Petitioner apprehends arrest in connection with Jale Police Station (for brevity, PS) Case No 181 of 2019 instituted for the offence punishable under Sections 420, 467, 468, 471, 120B of Indian Penal Code.

The prosecution case is that the petitioner has obtained appointment as Teacher on the basis of Teachers' Eligibility Test marks which are false and show exaggerated marks.

It is the submission of the petitioner's counsel that the petitioner is not a beneficiary of the appointment as she has already been removed. Her appeal against the order of removal

Patna High Court CR. MISC. No.28710 of 2020(6) dt.22-01-2021 2/3 has also abated as it was not pursued by the petitioner and she is no longer desirous of any claim on the appointment which allegedly was obtained on the basis of false testimonials. The learned counsel for the Vigilance and the learned APP for the State have opposed the prayer for anticipatory bail. In the facts and circumstances of the case, prayer of petitioner for grant of anticipatory bail is allowed.

In the event of surrender/arrest of the petitioner, named above, before the Court below, within four (04) weeks from today, she shall be released on bail on her furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate I, Darbhanga in Jale PS Case No 181 of 2019 subject to the conditions as laid down under Section 438 (2) of Criminal Procedure Code and also the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if she fails to do so on two consecutive dates, her

Patna High Court CR. MISC. No.28710 of 2020(6) dt.22-01-2021 3/3 bail bond will be liable to be cancelled.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant proceedings today for depositing requisite Court fee and removing the defect (s), as pointed out, when called upon to do so.

(Madhuresh Prasad, J) M.E.H./- U T