Champa Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52906 of 2021 Arising Out of PS. Case No.-246 Year-18 Thana- BALIYA District- Begusarai ====================================================== CHAMPA DEVI S/O SUNIL SHARMA R/o village- Sheranchak, P.S.- Ballia, District- Begusarai ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shubhesh Pandey, Advocate For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 467, 468, 471 and 420(B)/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is a lady and is a person with clean antecedent. The informant alleges that the petitioner being the officer of the Niyojan Unit had to make appointment of the teachers after seeing the CD provided by the BSEB but the petitioner without seeing the CD allowed the appointment of one Madhu Kumari as Panchayat Teacher based on a mark-sheet which was forged and fabricated.

Learned counsel for the petitioner further submits that the petitioner has been falsely implicated in the present case. The petitioner was an elected representative and by virtue of her post she

Patna High Court CR. MISC. No.52906 of 2021(2) dt.21-06-2022 2/2 was appointed as Chairman of the appointment unit of the Panchayat Teacher. It is next submitted that though the CD was provided but there was absolutely no mechanism to make appointment after viewing the CD of all the candidates. It is next submitted that petitioner might have committed dereliction of duty but definitely it cannot be alleged that a criminal offence is made out. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner and she is a lady, the petitioner above-named, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Baliya P.S. Case No. 246 of 2018, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T