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Patna High CourtCR. MISC./6685/2017disposed

Puja Kumari And ORS v. The State Of Bihar

2017-03-08Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6685 of 2017 Arising Out of PS.Case No. -4 Year- 2014 Thana -SHANKARPUR District- MADHEPURA ======================================================

1. Puja Kumari Daughter of Dilip Kumar Yadav, Resident of VillageGauripur, P.S. Singeshwar, District-Madhepura

2. Meera Kumari Wife of Gopal Sharma, Resident of Village-Gauripur Panda Tola, P.s. Singheshwar,District-Madhepura.

3. Shiv Kumar Son of Bhubneshwari Yadav, Resident of Village-Raibhir P.S. Shankarpur, District-madhepura.

4. Govind Sharma, Son of Ramsevak Sharma, Resident of VillageGauripur, P.S. Singheshwar, District-Madhepura. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dinesh Prasad Verma For the Opposite Party/s : Mr. Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 08-03-2017 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor.

At an earlier occasion vide Annexure-1, petitioners' prayer was dismissed as withdrawn. However, they have renewed their prayer in the background of having some of the accused given privilege of anticipatory bail in Cr. Misc. no. 33625 of 2016.

From para 3 of the petition, it is apparent that petitioner nos. 1 and 3 namely Puja Kumari and Meera Kumar have been arrayed as accused in a case bearing Shankarpur PS case no. 05/2014 that of same allegation.

During course of appointment of Panchayat

Patna High Court Cr.Misc. No.6685 of 2017 (4) dt.08-03-2017 2/2 Teacher, list was prepared comprising 599 candidates. During the course of scrutiny, BETET certificate were found fake. It has been submitted on behalf of petitioners that they could not be able to have appointment letters in their favour and on account thereof, no wrongful loss has been sustained to the State Exchequer and in likewise manner, no wrongful gain found in favour of the petitioner. The aforesaid theme was taken into consideration while granting anticipatory bail to other co-accused (Annexure-4) and so, it is a fit case wherein petitioner should be allowed to enjoy the privilege of anticipatory bail. It be a good ground for getting regular bail by having the presence of petitioners before the learned lower court which the learned lower court will favourably consider in case made by the petitioners.

With the aforesaid observations, instant petition is disposed of.

(Aditya Kumar Trivedi, J.) rinkee/- U T