Pushpa Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33374 of 2020 Arising Out of PS. Case No.-289 Year-2019 Thana- LAKHNAUR District- Madhubani ====================================================== PUSHPA DEVI W/o Saroj Kumar Mishra, Ram Kumar Jha Resident of Village - Deep Devhi Tola (Harbhanga), P.S.- Lakhnaur, Distt.- Madhubani. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Mishra For the Opposite Party/s :
Mr. Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-03-2021 As prayed for, let the learned counsel appearing for the petitioner remove the defect(s), as pointed out by the office vide its notes dated 07.12.2020, within four weeks of starting of Court proceeding in physical mode in normal course. Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends her arrest in connection with Lakhnaur P.S. Case no. 289 of 2019, registered under Sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code.
The accusation is that in the light of order passed in C.W.J.C. No. 15459 of 2014, Vigilance Inquiry No. B.S08/2015 was initiated regarding investigation and verification of the educational certificates in respect to primary teachers. In
Patna High Court CR. MISC. No.33374 of 2020(2) dt.12-03-2021 2/3 course of inquiry, it is detected that Renu Devi, wife of Bijay Kumar Mishra, D/o Upendra Jha of village-Deep block, District-Madhubani, who was earlier Panchayat Siksha Mitra had been adjusted in the year 2005 as Block Teacher and at the time of submitting application, in the Certificate/Marks-sheet, the date of birth was detailed as 10.03.1972, but on verification from Examination Controller, Bihar Sanskrit Siksha Board, her date of birth was found mentioned as 10.03.1962. Similarly, Pushpa Devi (Petitioner), who was also Siksha Mitra had been appointed, later on, as Block Teacher has submitted Certificate/Marks-sheet showing her date of birth as 05.04.1976, but on verification from Examination Controller, Bihar Sanskrit Siksha Board, her date of birth was found mentioned as 10.03.1962. Therefore, both have manipulated in the Certificate for doing the job of Block Teacher for more period.
Learned counsel for the petitioner submits that, in fact, in the F.I.R. the details of Renu Devi has also been mentioned in respect to the petitioner while the Certificate of Madhyema Board, which is part of the F.I.R., the date of birth is mentioned as 05.04.1976 and in the Form in respect to application of petitioner for Panchayat Siksha Mitra, her date
Patna High Court CR. MISC. No.33374 of 2020(2) dt.12-03-2021 3/3 of birth is mentioned as 05.04.1976, which would appear from page Nos. 34 and 36, which is the part of the F.I.R. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M-I, Jhanjharpur, Madhubani in connection with Lakhnaur P.S. Case No. 289 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) manish/- U T