Neetisha Shandilya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44419 of 2021 Arising Out of PS. Case No.-50 Year-2020 Thana- BODHGAYA District- Gaya ====================================================== NEETISHA SHANDILYA D/o Arvind Kumar Mishra R/o Nutan White House, Niranjana River side Bakror, P.S.- Bodhgaya, District- Gaya, Bihar, presently residing at Niyojit Panchayat Shikshika Primary School, Ghato, P.S.- Bodhgaya, District- Gaya.

... ... Petitioner/s

Versus

1. The State of Bihar

2. The Director General of Vigilance Investigation Bureau, Govt. of Bihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Surendra Kumar Singh,Advocate For the Opposite Party/s :

Mr.Ajay Mishra,APP Mr.Arvind Kumar,Spl.P.P., Vigilance ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-07-2022 Heard learned counsel for the parties.

The petitioner apprehends her arrest in a case registered for the offence under Sections 420, 467, 468, 471, 120(B) of the Indian Penal Code.

The allegation against this petitioner is that she obtained appointment, as Panchayat Teacher, on the basis of forged and fabricated certificate(s).

It is submitted on behalf of petitioner that petitioner has been falsely implicated in this case by the authority concerned without proper verification of the documents. It is further submitted that in the letter, issued by the Vigilance Officer, Bihar School Examination Board, Patna, it is stated that

Patna High Court CR. MISC. No.44419 of 2021(4) dt.25-07-2022 2/3 since the original copy of the document has been sealed by the S.I.T. therefore the verification of the record was not possible to be done from the original copy of the document and as such, verification has been done from the database available in the computer. During verification of the certificate, all the details have been found to be correct, except serial number is mismatched in the certificate due to the fault in the computer in the office of District Education Officer, Gaya. Petitioner is lady and has got clean antecedent.

However, learned counsel for the Vigilance Department vehemently opposed the prayer for anticipatory bail and submitted that this petitioner by tampering the document got appointed, as Panchayat Teacher.

Considering the aforesaid facts and circumstances as well as material that has come during course of investigation in paragraph 51 of the case diary and clean antecedent of petitioner, the prayer for anticipatory bail is allowed. Let the above named petitioner, in the event of her arrest/surrender within a period of six weeks from today, be enlarged 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, Gaya in

Patna High Court CR. MISC. No.44419 of 2021(4) dt.25-07-2022 3/3 connection with G.R. No. 649 of 2020, arising out of Bodh Gaya P.S. Case No. 50 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) anay/- U T