Suman Kumari v. The State Of Bihar, Through The Vigilance Department, Patna, Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41322 of 2019 Arising Out of PS. Case No.-73 Year-2018 Thana- DANDARI District- Begusarai ====================================================== SUMAN KUMARI W/o Late Subodh Prasad Mahto Resident of VillageChhoti Ballia, Patel Chowk, P.S-Ballia, District-Begusarai. ... ... Petitioner/s
Versus
THE STATE OF BIHAR, THROUGH THE VIGILANCE DEPARTMENT, PATNA, BIHAR Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bauye Jee Jha (B.J. Jha) For the Opposite Party/s :
Mr.Anjani Kumar(L.O.Inc.Vigilance) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-07-2019 This application, for grant of anticipatory bail, arises out of Dandari P.S. Case No. 73 of 2018, disclosing offences under Sections 467, 468, 471, 120(B) 34 of the Indian Penal Code.
Prosecution case is that on the basis of direction contained in the order passed in C.W.J.C. No. 15459/2014, the verification of certificates and other documents of teachers, who were appointed on contract basis has been done and petitioner is one of the candidates, who is found to have secured appointment as a teacher on the basis of forged certificates and wrong facts.
Submission of learned counsel for the petitioner is that earlier also a case has been lodged by the Bihar School
Patna High Court CR. MISC. No.41322 of 2019(2) dt.04-07-2019 2/3 Examination Board, being Kotwali P.S. Case No. 452/2018, in which, the petitioner was enlarged on regular bail by a coordinate Bench of this Court vide order dated 29.01.2019 passed in Cr. Misc. No. 4668/2019. Further, she has already been terminated from service and has suffered a lot and is ready to cooperate in the investigation.
Learned counsel appearing on behalf of Vigilance Department opposed the prayer of the petitioner for grant of anticipatory bail.
Having heard both sides, considering the facts and circumstances of the case, this application is allowed. Let the petitioner, above named, in the event of her arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Dandari P.S. Case No. 73 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. It is further subject to the condition that petitioner will cooperate in the investigation and appear as and when required and if the charge-sheet is filed, she will cooperate in disposal of trial.
Patna High Court CR. MISC. No.41322 of 2019(2) dt.04-07-2019 3/3 It is made clear that this order would not constrain the authorities from realizing the amount, which has already been paid to the petitioner as salary.
(Vinod Kumar Sinha, J) sunilkumar/- U T