Suman Kumari v. The State Of Bihar Through Vigilance Investigation Bureau Muzaffarpur

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40631 of 2023 Arising Out of PS. Case No.-81 Year-2023 Thana- SIWAIPATTI District- Muzaffarpur ====================================================== Suman Kumari, Wife of Amit Kumar, Resident of Village- Surjan Pakari P.S.- Siwaipatti Dist- Muzaffarpur ... ... Petitioner

Versus

The State of Bihar through Vigilance Investigation Bureau Muzaffarpur ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Ms. Vaishnavi Singh, Advocate For the Vigilance :

Mr. Rana Vikram Singh, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-07-2023 Heard learned counsel for the petitioner and learned Spl. PP for the State.

2. The petitioner in the present case is seeking prearrest bail in connection with Siwaipatti P.S. Case No. 81 of 2023 registered for the offences under Sections 420, 467, 468, 471, 120(B) of the Indian Penal Code. She has no criminal antecedent.

3. As per the prosecution story, the informant Upendra Kumar, Inspector of Police, Vigilance Investigation Bureau, Muzaffarpur, Bihar was deputed for verification of educational testimonials of the teachers employed in Muzaffarpur pursuant to the order passed in CWJC No. 15459 of 2014. In course of verification, the informant found that this petitioner was employed on the basis of Teacher's Eligibility Test pass

Patna High Court CR. MISC. No.40631 of 2023(2) dt.28-07-2023 2/3 certificate in the year 2014. Further, it was found that her TET Marksheet Roll No. 2359110319, Year 2011 showing marks obtained as 90 was forged as the original marksheet had only 43 marks and non-qualified. The petitioner was employed on the basis of forged marksheet certificate.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is further submitted that after due verification of her educational certificate, her appointment was confirmed.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Having regard to the fact that this petitioner obtained her appointment as an Assistant Teacher on the basis of a forged certificate of Teacher's Eligibility Test, 2011 and she did not avail the opportunity given by this Court in CWJC No. 15459 of 2014 to resign on her own, rather she chose to take a calculated risk of getting prosecuted for monetary benefits, this Court is not inclined to grant privilege of anticipatory bail to the petitioner.

7. Prayer is refused.

8. In case, the petitioner surrenders and prays for regular bail in the learned court below, the same will be

Patna High Court CR. MISC. No.40631 of 2023(2) dt.28-07-2023 3/3 considered on its own merit without being prejudiced by the order of this Court.

9. This application is dismissed.

(Rajeev Ranjan Prasad, J) lekhi/- U T