Sugandha Kumari v. The State Of Bihar Through Department Of Vigilance, Through Its Director

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30452 of 2022 Arising Out of PS. Case No.-41 Year-2022 Thana- SILAO District- Nalanda ====================================================== SUGANDHA KUMARI D/o Surendra Singh, W/o Vivekanand R/o villageNandnama, P.S.- Nandanwan, District- Lakhisarai ... ... Petitioner/s

Versus

The State of Bihar through Department of Vigilance, through its Director Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Anand, Advocate For the Opposite Party/s :

Mr.Arvind Kumar, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-09-2022 Heard learned counsel for the petitioner and learned Spl.P.P. for the Vigilance.

The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code. The informant alleges that petitioner got appointed as teacher based on a forged and fabricated certificate of B.E.T.E.T. issued by the Bihar School Examination Board. Learned counsel for the petitioner submits that the petitioner is a woman having clean antecedent and has been falsely implicated in the present case without holding a proper inquiry and investigation, it is next submitted that petitioner has already applied before the Bihar School Examination Board for

Patna High Court CR. MISC. No.30452 of 2022(2) dt.14-09-2022 2/3 making rectification in the certificate which presently is under consideration. Learned counsel further submits that in the event, if the petitioner is sent to jail and the Bihar School Examination Board, after considering the material on record rectifies the certificate of the petitioner then that would amount to travesty of justice.

Learned Spl. P.P. for the Vigilance opposes the prayer for anticipatory bail of the petitioner and submits that a counter affidavit has been filed in which it has been specifically stated that B.E.T.E.T. certificate of the petitioner is forged and fabricated but is not able to meet the submission of the learned counsel for the petitioner that an application has been made for making rectification in the certificate.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Silao P.S. Case No. 41 of 2022 subject to the conditions as laid down

Patna High Court CR. MISC. No.30452 of 2022(2) dt.14-09-2022 3/3 under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T