Farhat Jahan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40882 of 2019 Arising Out of PS. Case No.-126 Year-2018 Thana- MAGADH UNIVERSITY District- Gaya ====================================================== Farhat Jahan Wife of Sohail Akhtar Khan Resident of Village - Padariya, P.S.- Magadh University, Bodh Gaya, District- Gaya, Presently posted as Panchayat Teacher at Urdu Primary School, Niskha, P.S.- Bodh Gaya, District- Gaya ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Shailesh Kumar, Advocate.

For the Opposite Party:

Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 19-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest for the offences alleged under Sections 420, 467, 468, 471, 120(B) of the Indian Penal Code registered in connection with Magadh University P.S. Case No. 126 of 2018.

3. It is submitted that the petitioner has been falsely implicated on the accusation that she has got employment as Panchayat Teacher on the basis of forged educational certificates, which on verification by the authorities was found not to have been issued by the Jharkhand Academic Council, Ranchi. Statement is made at the Bar that the petitioner has since been dismissed in terms of letter no. 1 dated 10.05.2019 issued by the

Patna High Court CR. MISC. No.40882 of 2019(3) dt.19-09-2019 2/3 Panchayat Secretary, Gram Panchayat, Jhiktiya, Prakhand-Bodh Gaya, District- Gaya.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Magadh University P.S. Case No. 126 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make herself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, her bail bond shall be liable to be cancelled by the learned Court concerned.

Patna High Court CR. MISC. No.40882 of 2019(3) dt.19-09-2019 3/3

5. The authorities shall be at liberty to take steps for recovery of the salary already drawn by the petitioner during his employment as Panchayat Teacher.

(Vikash Jain, J) Ibrar//- U T