Biram Devi @ Biram Kumari @ Viram Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52173 of 2024 Arising Out of PS. Case No.-240 Year-2023 Thana- MAHISHI District- Saharsa ====================================================== Biram Devi @ Biram Kumari @ Viram Kumari D/o Pitamber Paswan R/o vill - Sughraul, P.S. - Mahishi (Jalai O.P.), Distt. - Saharsa. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

The Vigilance Investigation Bureau, Bihar Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dinesh Maharaj, Advocate.

For the State :

Mr. Uday Pratap Singh, APP.

For the Vigilance :

Mr. Arvind Kumar, Advocate.

:

Mr. Paritosh Parimal, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Mahishi P.S. Case No.240 of 2023 instituted under Sections 420, 467, 468, 471, 120(B) of the Indian Penal Code.

3. As per the prosecution case, on the basis of fake certificate of Madhyama, the petitioner has been appointed on the post of Panchayat Teacher.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He further submits that the documents submitted by the

Patna High Court CR. MISC. No.52173 of 2024(2) dt.21-08-2024 2/3 petitioner relating to her educational qualification was provided by her school from where she appeared in the Madhyama examination. Learned counsel submits that the petitioner obtained second copy of her marksheet from the Bihar Sanskrit Shiksha Board, Patna which shows that she got 531 marks in aggregate instead of 532 marks in aggregate as stated in her earlier marksheet. He further submits that the petitioner has already been removed from her service. Learned counsel submits that the petitioner is a widow lady having no criminal antecedent and she undertakes to cooperate in the investigation.

5. Learned counsel for the Vigilance Investigation Bureau as well as learned Additional Public Prosecutor for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Saharsa in connection with Mahishi P.S. Case No.240 of 2023, subject to

Patna High Court CR. MISC. No.52173 of 2024(2) dt.21-08-2024 3/3 the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Ritik/- U T