Kumari Dipti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39618 of 2022 Arising Out of PS. Case No.-244 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== Kumari Dipti Wife of Arvind Kumar D/o- Sri Vijay Kumar Verma, R/vNakched Tola, Thakurwari Near Chitragupta Mandir, P.S.- Town, Distt.- East Champaran (Motihari).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar Sinha Mr. Satyendra Kumar Bhatnagar, Advocates For the State :

Mr. Ajay Mishra, APP For the Vigilance : Mr. Rama Vikram Singh, Special P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-11-2022 Learned counsel for the petitioner is permitted to remove the defects, as pointed out by the office, if any, within a period of four weeks from today.

Heard learned counsel for the petitioner and learned Special Public Prosecutor for the Vigilance as well as learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471, 120B of the Indian Penal Code.

Allegation against the petitioner is that the petitioner is said to have obtained her appointment on a forged and fabricated T.E.T. certificate.

Patna High Court CR. MISC. No.39618 of 2022(3) dt.07-11-2022 2/3 Learned counsel for the petitioner submits that the petitioner has clean antecedents and she has been falsely implicated in the present case. He further submits that in fact the petitioner was appointed as a Primary Teacher in the year 2015 on the basis of certificate given by the concerned Board to the petitioner. Learned counsel for the petitioner submits that pursuant to the order passed in C.W.J.C. No. 15459 of 2014 the inquiry had been set up with regard to the applicant and the report reveals that the certificate of the petitioner is forged and fabricated. Learned counsel for the petitioner submits that pursuant to the report, the petitioner resigned from service. Learned Special Public Prosecutor for the Vigilance as well as learned APP for the State have vehemently opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of her arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Turkoliya (Banjaria) P.S. Case No. 244 of 2022, G.R. No.

Patna High Court CR. MISC. No.39618 of 2022(3) dt.07-11-2022 3/3 1327 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on her absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

Ibrar//- (Rajesh Kumar Verma, J) U t