Manisha v. The State Of Bihar Through Vigilance, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44679 of 2023 Arising Out of PS. Case No.-37 Year-2023 Thana- JAIPUR District- Banka ====================================================== Manisha, D/o Staram Pandey, Resident of Bhal Sumbha, Prakhand Chakai, P.O. - Kairane, P.S. -Chandra Man Dih, Distt. - Jamui, at present Residing at village - Gawan, P.s. - Gawan, Distt. - Giridih (Jharkhand) ... ... Petitioner/s
Versus
The State of Bihar Through Vigilance, Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Subodh Kumar Jha, Advocate Mr.Pranav Kumar Jha, Advocate For the Opposite Party/s :
Mr.Arvind Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-08-2023
1. Heard learned Counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending arrest in connection with Jaipur P.S. Case No. 37/2023 registered on 25.05.2023 for the offences punishable under Sections 420, 467, 468, 471, and 120B of the Indian Penal Code.
3. Prosecution case is that in pursuance of an order passed by a Division Bench of this Court in a PIL, the Vigilance inquiry was initiated with regard to the illegality committed in the appointment of 'Panchayat Teachers'. In the course of enquiry, the petitioner was found to have secured an appointment on the basis of a forged B.Ed. Certificate.
Patna High Court CR. MISC. No.44679 of 2023(2) dt.04-08-2023 2/3
4. It is submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence. In fact, the petitioner under the wrong impression, at the instigation of one of her relatives appeared in an examination conducted online. Subsequently, a mark sheet was provided to her, and on the basis of the said certificate she applied for an appointment to the post of teacher. She was not aware of the genuineness of the alleged document. It is further submitted that on the day on which the petitioner received information to the effect that the mark sheet is forged, she immediately resigned from the post which is apparent from Annexure-2 to the petition. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.
5. Learned counsel for the Department of Vigilance opposes the prayer for bail of the petitioner but submits that in the cases in which the accused resigns herself/himself, the Court is taking a lenient view.
6. In the facts and circumstances, 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 6 weeks from today, on furnishing bail bond of 30000/- (thirty ₹ thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.44679 of 2023(2) dt.04-08-2023 3/3 satisfaction of the learned ACJM, 1st Banka in connection with Jaipur P.S. Case No. 37/2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dr. Anshuman, J) Ashwini/- U