Rekha Kumari v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42277 of 2016 Arising Out of PS.Case No. -216 Year- 2016 Thana -GHOSI District- JEHANABAD ======================================================

1. Rekha Kumari Daughater of Tapeshwar Prasad, Wife of Sudhir Kumar Resident of village- Bhagirath Bigha, Police Station- Jehanabad, DistrictJehanabad .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Vigilance Investigation Bureau through its Additional Director General of Police, Bihar, Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar, Advocate For the State : Mr. Md. Fahimuddin, APP For Vigilance : Mr. Ramakant Sharma, Sr. Adv. Mr. Amresh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-10-2016 Heard learned Counsel for the parties concerned.

This application, for grant of anticipatory bail, arises out of Ghosi Police Station Case No. 216 of 2016, disclosing offences under Sections 467, 468, 472, 419, 420 and 471 of the Indian Penal Code.

The allegation against the petitioner is that she produced a certificate of passing of Bihar Elementary Teacher Eligibility Test (BETET), 2011, conducted by the Bihar School Examination Board, Patna, in order to continue as Teacher in Primary School, Mehandipur, though she had not passed; rather, she was declared not qualified by the

Patna High Court Cr.Misc. No.42277 of 2016 (2) dt.05-10-2016 2/3 Board.

Learned Counsel for the petitioner has submitted that the petitioner has been unduly removed from service, though the certificate, which is being alleged to be forged, are, in fact, genuine. He has submitted that there are instances where certificates were initially treated to be forged by the Vigilance Bureau, which have, subsequently, been found to be correct on a challenge being made by the candidates concerned.

Be that as it may, considering the above submissions, this application is allowed.

Let the petitioner, Rekha Kumari, in the event of her arrest or surrender before the Court below within six weeks, 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, Jehanabad, in connection with Ghosi Police Station Case No. 216 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present herself before the police/Court, as the case may be, as and when required and in the event of failure on her part to appear before the Court on two

Patna High Court Cr.Misc. No.42277 of 2016 (2) dt.05-10-2016 3/3 consecutive occasions, her bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/-c U √ T √