Mamta Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49794 of 2024 Arising Out of PS. Case No.-272 Year-2023 Thana- HATHUA District- Gopalganj ====================================================== Mamta Mishra D/o Sri Ramdeo Mishra, W/o Sri Krishna Tiwari R/o vill - Kusaundhi, P.O. - Kusaundhi, P.S. - Mirganj, Distt. - Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bipin Bihari Singh For the Opposite Party/s :
Mr. Ajay Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-09-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends her arrest in a case registered for the offence punishable under Sections 420, 467, 468, 471, 120(B) of the Indian Penal Code.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a woman and the informant alleges that petitioner secured appointment as a teacher, based on forged and fabricated certificates, which transpired in the inquiry, further during verification of the certificates, it transpired that there is difference in the signature of the headmaster in the educational certificates submitted with the application form and the one submitted during the course of counseling.
Patna High Court CR. MISC. No.49794 of 2024(3) dt.18-09-2024 2/3
4. The learned counsel submits that petitioner has been falsely implicated in the instant case based on an inquiry conducted behind her back. It is submitted that the certificates submitted by her were never inquired from the concerned Board. It is also submitted that no opportunity of hearing was given to the petitioner before instituting the instant F.I.R., it is submitted that had an opportunity been given to the petitioner to explain her side of the case, perhaps the instant F.I.R. would not have been instituted. It is also submitted that petitioner being aggrieved by her order of termination approached this court by filing C.W.J.C. No.2786/2023, the C.W.J.C. No.2786/2023 was disposed of by an order dated 18.12.2023 with a direction to the petitioner to approach the appellate authority. It is submitted that petitioner is running from pillar to post to establish her innocence but then the informant based on the direction of the D.M. in a mechanical manner without getting the certificates verified from the concerned board/authority instituted the instant F.I.R.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the
Patna High Court CR. MISC. No.49794 of 2024(3) dt.18-09-2024 3/3 event of her arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Hathua P.S. Case No.272/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) amit/- U T