Meera Kumari And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.59876 of 2018 Arising Out of PS. Case No.-377 Year-2018 Thana- GOPALGANJ TOWN DistrictGopalganj ======================================================
1. Meera Kumari, W/o Raju Kumar, R/o Vill.- Kakarkund, P.S.- Gopalganj, Dist.- Gopalganj.
2. Kumari Nirmala Rai, D/o Laxmi Narayan Rai, R/o Vill.- Rampur Kele, P.S.- Fulwaria, Dist.- Gopalganj. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Harendra Prasad For the Opposite Party/s :
Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 08-10-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend arrest in connection with Gopalganj P.S. Case No. 377/2018 for offences alleged under Sections 420, 467, 468, 469, 471 and 120B of the Indian Penal Code.
The prosecution case, as lodged by the District Agricultural Officer, Gopalganj, is that petitioners along with one another had been appointed on the post of Agriculture Coordinator on the basis of fake certificates from Uttarakhand Sanskrit University, Haridwar wherein the course of Bachelor of Science Agriculture was not on the syllabus and the certificates
Patna High Court Cr.Misc. No.59876 of 2018(2) dt.08-10-2018 2/3 of the petitioners were found to be forged.
It has been submitted by the learned counsel for the petitioners that they are innocent and have been falsely implicated in the aforesaid case. He submits that they had been appointed on 11.01.2018 and had not been paid a single penny as salary and when such facts came to the fore they tendered resignation voluntarily, as such, the Agriculture Department has not been put to any pecuniary loss by the petitioners. He further submits that the petitioners being ladies did not know that the educational certificates were forged and fabricated. However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioners, above named, in the event of their arrest or surrender before the court below within a period of eight weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate, Gopalganj in connection with Gopalganj P.S. Case No. 377/2018, subject to the conditions as laid down under Section 438(2) Cr.P.C.
However, it is made clear that if any amount has been
Patna High Court Cr.Misc. No.59876 of 2018(2) dt.08-10-2018 3/3 paid by way of salary to the petitioners, the present order would not be given effect to unless all payments received by the petitioners is returned in the office of the Agriculture Department where the petitioners were given employment. (Nilu Agrawal, J) Rajesh/Pragya U T