Kumari Prerna Tiwari @ Prerna Tiwari @ Smt. Kumari Prerna Tiwari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46374 of 2024 Arising Out of PS. Case No.-468 Year-2023 Thana- MIRGANJ District- Gopalganj ====================================================== Kumari Prerna Tiwari @ Prerna Tiwari @ Smt. Kumari Prerna Tiwari, D/oSri Sunil Nath Tiwari @ Sunil Kumar Tiwari, Village- Po-Kusaundhi, PsMirganj, Dist- 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 ANIL KUMAR SINHA ORAL ORDER 07-08-2024
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Mirganj Police Station Case No. 468 of 2023, disclosing offences punishable under Sections 420/467/ 468/471/120-B/34 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that the petitioner, during the Second Phase of Teachers Employment of Hathua Gram Panchayat submitted the application along with forged certificate.
4. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and her appointment has been cancelled on the
Patna High Court CR. MISC. No.46374 of 2024(2) dt.07-08-2024 2/3 basis of inquiry and report of the Inquiry Committee that the petitioner obtained employment on the basis of forged document. There was some difference in the document/ certificate produced by the petitioner vis-a-viz photocopy of the original document. The petitioner's services was cancelled for which she filed a writ application, bearing CWJC No. 3037 of 2023 which has been disposed by this Court vide order dated 02.01.2024 with liberty to the petitioner to file an appeal before the District Teachers Appellate Authority.
Some other similarly situated persons have been granted bail by this Court on the ground of resignation or dismissal from service.
5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that the petitioner has raised a bona fide dispute against her termination before this Court and this Court has remanded to the District Appellate Authority and the petitioner has been terminated from her services, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of her arrest or surrender before the Court below within a period of
Patna High Court CR. MISC. No.46374 of 2024(2) dt.07-08-2024 3/3 four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj, in connection with Mirganj Police Station Case No. 468 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J.) R.R.Sinha/- U √ T √