Ruby Kumari @ Rubi Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37964 of 2023 Arising Out of PS. Case No.-27 Year-2023 Thana- KATORIYA District- Banka ====================================================== Ruby Kumari @ Rubi Kumari, D/O Ganesh Prasad Choudhary, W/O Niranjan Choudhary R/O Ako Godiha, P.S- Barahat, Distt.- Banka. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 28-07-2023 Heard Mr. Bijendra Kumar Singh, learned counsel appearing on behalf of the petitioner and the learned APP for the State.
2. The petitioner is apprehending her arrest in connection with Katoria P.S. Case No. 27 of 2023 registered for the offences punishable under Sections 420, 467, 468, 471 and 120B of the Indian Penal Code.
3. Allegedly on the basis of forged BETET certificate, the petitioner secured appointment on the post of Panchayat Teacher in Primary School, Kurumtod. It is further alleged that pursuant to the direction of this Court in C.W.J.C. No. 15459 of 2014, an enquiry was conducted with regard to academic certificates of suspected Panchayat/Block teachers and the
Patna High Court CR. MISC. No.37964 of 2023(2) dt.28-07-2023 2/3 certificate of the petitioner has been found forged.
4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is a lady and in fact she herself has a victim of circumstances and moreover she was appointed way back in the year 2012 and at that time no complaint was made with regard to her certificate being forged. He further submits that the petitioner having come to know about the forged certificate, she herself tendered her resignation on 08.11.2018 itself. However, this F.I.R. has been instituted on 13.01.2023. He lastly submits that the petitioner has got clean antecedent and undertakes that she will fully cooperate in the investigation and whenever her presence is required, she will remain physically present before the concerned authority.
5. On the other hand, learned APP for the State opposes the bail application and submits that the complicity of the petitioner cannot be denied, as her certificate has been found forged.
6. Regard being had to the submissions made on behalf of the parties and considering the fact that the petitioner had already tendered her resignation in the year 2018 itself and now she is out of job, coupled with her fair antecedent, let the petitioner, named above, in the event of her arrest or surrender
Patna High Court CR. MISC. No.37964 of 2023(2) dt.28-07-2023 3/3 before the court below within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Katoria P.S. Case No. 27 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. with the further condition that one of the bailors shall be the own/close relative of the petitioner.
(Harish Kumar, J) uday/- U T