Jyoti Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38845 of 2024 Arising Out of PS. Case No.-491 Year-2023 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== Jyoti Kumari Wife of Kamlesh Gupta Prasad R/o Village and P.O.- Muradabad, P.S.- Sasaram, District - Rohtas. At present R/o Vill.- Karavandiya, P.S.- Sasaram (M), District - Rohtas. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The Vigilance Investigation Bureau, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajeev Kumar Singh For the State :
Mr.Arun Kumar For the Vigilance :
Mr. Arvind Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-08-2024
1. Heard learned Counsel for the petitioner, learned Counsel for the Vigilance and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Kudra Police Station Case No. 491 of 2023, dated 21.12.2023, disclosing offences punishable under Sections 420/ 467/468/471/120-B of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that the petitioner obtained employment as Panchayat Teacher on the basis of forged mark-sheet of matriculation.
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4. This is the second attempt on behalf of the petitioner for grant of anticipatory bail inasmuch as earlier anticipatory bail application of the petitioner was rejected by this Court, vide order, dated 12.03.2024, passed in Criminal Misc. No. 12125 of 2024.
5. Learned Counsel for the petitioner submits that while rejecting the anticipatory bail application of the petitioner, this Court has taken note of the fact that the petitioner was still working as Panchayat Teacher. This Court, in so many cases, has granted bail to the Panchayat Teachers, who obtained employment on the basis of forged and/or fabricated documents on the ground of submission of resignation by them or their removal from service by the authorities.
6. Learned Counsel further submits that the petitioner has moved this application for anticipatory bail for the second time on the basis of changed circumstances inasmuch as now, the petitioner has resigned from her post of Panchayat Teacher and has submitted resignation before the Mukhiya as well as District Education Officer, Bhabhua, Kaimur, dated 08.08.2024. A copy of the resignation submitted by the petitioner has been annexed
3/4 as Annexure P/4 to the second supplementary affidavit filed on behalf of the petitioner.
7. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that in other similar matters, this Court has considered the grant of anticipatory bail to the Panchayat Teacher, who have already resigned or have been removed by the authorities and since the petitioner has submitted her resignation before the Mukhiya as well as District Education Officer, Bhabhua, Kaimur, I am inclined to grant the petitioner privilege of anticipatory bail.
8. This application is, accordingly, allowed.
9. Let the petitioner, above named, in the event of her arrest or surrender before the Court below within a period of four weeks from today, 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, Kaimur, at Bhabhua, in connection with Kudra Police Station Case No. 491 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
10. Let a copy of this order be communicated to the District
4/4 Education Officer, Bhabhua, Kaimur, though fax or email, forthwith.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √