Archana Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42805 of 2017 Arising Out of PS.Case No. -111 Year- 2017 Thana -MUNGER MUFFASIL District- MUNGER ======================================================
1. Archana Gupta, Daughter of Kaushal Kishor Prasad Gupta and wife of Sanjay Kumar Gupta, Residing at Rampur Bhikhari Behind Neelam Cinema, P.S.- Kotwali in the town and district of Munger. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajni Kant Jha For the Opposite Party/s : Mr. Sri Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Muffasil P.S. Case No. 111 of 2017 instituted for the offence under Sections-420, 467, 468 and 120(B) of the Indian Penal Code.
It has been submitted on behalf of the petitioner that petitioner was appointed as Prakhand Teacher after proper verification of the certificates by the authorities. During earlier verification, her mark sheet of intermediate was found genuine. In the website of Bihar School Examination Board, the incorrect mark sheet was uploaded and the petitioner was shown absent in psychology and was shown to have passed in III division by giving grace mark. Thereafter the petitioner applied for correction of the mark sheet and he was furnished with fresh mark sheet on 15-12-2008 posting 42 marks in Psychology paper-I and thus total marks obtained by the petitioner in her I.A. is 422.. Counsel
Patna High Court Cr.Misc. No.42805 of 2017 (4) dt.17-10-2017 for the petitioner has filed supplementary affidavit wherein he has annexed latest mark sheet obtained from Bihar School Examination Board wherein his total marks have been shown as 422. and marks obtained in Psychology is 42.
In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of her arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Muffasil P.S. Case No. 111 of 2017 to the satisfaction of learned Sub Divisional Judicial Magistrate, Munger subject to condition as laid down u/S 438(2) of the Cr.P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioner and (3) if petitioner tampers 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) A.K.V./- U T