Nilam Kumari @ Nilam Kumri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32000 of 2025 Arising Out of PS. Case No.-127 Year-2025 Thana- NAWADA District- Nawada ====================================================== Nilam Kumari @ Nilam Kumri W/o- Santosh Kumar, D/o- Sanjay Prasad Village - Rajamba, P.s.- Mufassil, District - Nawada ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Durgesh Nandan, Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 20-08-2025 Heard the parties.

2. Learned Advocate for the petitioner is permitted to make necessary correction in the prayer portion of the petition.

3. The petitioner apprehends her arrest in connection with Town P.S. Case No. 127 of 2025, registered for the offences punishable under Sections 319(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023.

4. Allegedly, the petitioner was found indulged in impersonating and allowing one Komal Kumari to appear in intermediate examination of Political Science in her place. The said Komal Kumari was caught while appearing in examination and her answer-sheet along with admit card was seized.

Patna High Court CR. MISC. No.32000 of 2025(3) dt.20-08-2025 2/3

5. Learned Advocate for the petitioner submitted that save and except the suspicion of impersonation that she allowed one Komal Kumari to appear in the examination in her place, there is no material collected during the course of investigation that it is the petitioner who had allowed and asked Komal Kumari to appear in the examination in her place. The petitioner is a student having fair antecedent and putting her behind the bars would serve no further purpose. The entire case is based upon the documentary evidences which are seized and kept with the Investigating Officer.

6. On the other hand, learned counsel for the State vehemently opposed the pre-arrest bail application.

7. Having considered the submissions set-forth by learned Advocate for the respective parties and taking note of the materials available on record, especially the fact that the petitioner is a student having fair antecedent, coupled with the fact that the entire case is based on suspicion, let the petitioner above named be released on bail, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.32000 of 2025(3) dt.20-08-2025 3/3 Chief Judicial Magistrate, Nawada in connection with Town P.S. Case No. 127 of 2025, subject to the conditions laid down in Section 482(2) Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J) sauravkrsinha/- U T