Punam Kumari v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40091 of 2017 Arising Out of PS.Case No. -67 Year- 2017 Thana -MASRAKH District- SARAN ======================================================
1. Punam Kumari Wife of Raghuvir Prasad resident of Village - Asha Khaira, P.S. - Baikunthpur, District - Gopalganj, presently posted as Assistant Teacher,Primary School, Chandkudariya Urdu, P.S.- Mashrakh, District - Saran at Chapra.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. The Superintendent of Police, Vigilance, North Bihar, Muzaffarpur. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Binod Singh, Advocate For the Opposite Party/s : Mr. Aditya Narayan Singh 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-09-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Special Case No. 13 of 2017 arising out of Mashrakh P. S. Case No. 67 of 2017 registered for offences punishable under Sections 419, 420, 409, 467, 468, 471, 201 and 120 (B) of the Indian Penal Code and Section 13 (2) read with Section-13 (1 (d) of Prevention of Corruption Act, 1988.
The accusation against the petitioner is that she got appointed herself as Panchayat teacher on the basis of forged degree.
The submission on behalf of the petitioner is that petitioner appeared in the TET examination, 2011 conducted by
Patna High Court Cr.Misc. No.40091 of 2017 (2) dt.01-09-2017 2/3 the Bihar School Examination Board. She obtained 99 marks in the examination which is annexed as annexure-2. It is further submitted that for similar allegation Co-accused Rajeev Kumar and Seema Kumari and other have already been admitted to anticipatory bail by different Benches of this Court. Learned counsel for the petitioner also submits that petitioner has obtained a degree of TET, on the basis of which her appointment was made, which was found genuine on verification of certificate as will appear from Annexure-4 of this petition.
In the facts and circumstances as stated above, the petitioner, Punam Kumari in the event of her arrest of surrender within four weeks from the date of receipt/production of a copy of this order shall be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- ( Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Vigilance, North Bihar, Muzaffarpur in connection with Special Case No. 13 of 2017 arising out of Mashrakh P.S.Case No. 67 of 2017, subject to the conditions as laid down in Section 438 (2) of the Cr.P.C.
Patna High Court Cr.Misc. No.40091 of 2017 (2) dt.01-09-2017 3/3 if petitioner tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Sanjay Priya, J) Sudha/- U T