Punam Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8677 of 2016 Arising Out of PS.Case No. -509 Year- 2015 Thana -BHABHUA District- BHABHUA (KAIMUR) ====================================================== Punam Sharma D/o Hridayanand Sharma Resident of village- New Karman Tola, P.S.- Ara (Nawada), District- Bhojpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Singh For the Opposite Party/s : Mr. Kanhaiya Kishore(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 23-02-2016 Heard learned counsels for the petitioner and the Vigilance.

The petitioner is apprehending her arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471, 472 and 120B of the Indian Penal Code. The prosecution case is that pursuant to a PIL vigilance enquiry was ordered by this Court when it was found that the petitioner got appointed as a teacher by submitting a forged B.Ed. certificate issued by Vinova Bhawe University, Hazaribagh.

It is submitted by learned counsel for the petitioner that the petitioner was joined on 28.01.2014 and resigned on 11.03.2014 and has not received any payment pursuance to the appointment. The order of the government

Patna High Court Cr.Misc. No.8677 of 2016 (2) dt.23-02-2016 2/2 issued under the signature of Principal Secretary, Education Department has been brought on record as Annexure-2, which reflects that in pursuance to order dated 22.06.2015 passed in C.W.J.C. No. 15459 of 2014 a general amnesty was granted to the teachers, who were employed on the basis of forged certificates, if they voluntarily resigned till 09.07.2014. The case of the petitioner is squarely covered under the said direction of the government. This contention of counsel for the petitioner has not been controverted by the learned counsel for the Vigilance.

Considering the aforesaid facts and the petitioner being a lady, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Bhabua P.S. Case No. 509 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T