Priya Rani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35821 of 2022 Arising Out of PS. Case No.-65 Year-2022 Thana- NALANDA District- Nalanda ====================================================== PRIYA RANI DAUGHTER OF ASHOK KUMAR R/o- Village- Kundwa Par, P.S.- Ekangarsarai, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Advocate Mr. Rajeev Kumar, Advocate For the Opposite Party/s :

Mr. Ajay Mishra Mr. Gyan Shankar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-09-2022 Heard learned senior counsel for the petitioner and learned counsel for the Bihar School Examination Board. 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. Learned senior counsel for the petitioner submits that the petitionerer is a women with clean antecedent and the informant alleges that the result card of BETET 2011, marks obtained and caste category of petitioner is different from the records of BSEB.

Learned senior counsel for the petitioner submits that petitioner has been falsely implicated in the present case, it is next submitted that had the petitioner been given an opportunity

Patna High Court CR. MISC. No.35821 of 2022(4) dt.26-09-2022 2/3 to explain her case, perhaps she would have been in a position to explain her side of the story also. Learned senior counsel next submits that from the FIR itself it is evident that when she obtained 121 marks then where was the occasion for writing 91 marks i.e., less marks than what is obtained by her, it is further submitted that petitioner is completely at loss to understand that as to how the present FIR came to be instituted without seeking any explanation from her.

Learned A.P.P. for the State and learned counsel for the BSEB opposes the prayer for anticipatory bail of the petitioner. The learned counsel for the BSEB files a counter affidavit wherein it has been stated that caste category and the marks obtained by the petitioner is varying from the records with the BSEB.

Learned senior counsel for the petitioner rebuts the submissions made by the learned counsel for the BSEB and submits that the marks as recorded is 91 when the petitioner had obtained 121, it is also submitted that there is absolutely no occasion for the petitioner to change her caste. Considering the submissions made by the learned senior counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned Court

Patna High Court CR. MISC. No.35821 of 2022(4) dt.26-09-2022 3/3 below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five 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 Nalanda P.S. Case No. 65 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T