Amita Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45924 of 2023 Arising Out of PS. Case No.-343 Year-2021 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Amita Singh, Wife Of Dharmedra Kumar Singh @ Rajiv Ranjan Singh, R/O Village- jaydawandih, P.S- Sasaram, Distt.- Rohtas. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Sharma, Advocate For the Opposite Party/s :
Mrs. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. In the present case, the petitioner is apprehending his arrest in connection with Sasaram(M) P.S. Case No. 343 of 2021 dated 16.09.2021, registered for the alleged offences under Sections 120(B) and 409 of the Indian Penal Code.
3. As per prosecution case, allegation against the petitioner is that while discharging her duty as Mukhiya of Gram Panchayat, Rampur, she along with other co-accused persons committed illegality in teachers employment and tampered with the documents in recommending the names of ineligible candidates for the employment as teachers.
4. The learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.45924 of 2023(2) dt.04-08-2023 2/3 the petitioner is innocent and has been falsely implicated in this case. From the perusal of the FIR, it is apparent that the same was registered on the directions of the District Magistrate, Rohtas. The selection process was cancelled on 23.08.2021 and thereafter this FIR was lodged on 12.09.2021 and no final appointment was made and no one got any employment. So far as allegations of tampering in marks of candidate Renu Kumari is concerned the same was done on her application and another candidate Sushant Kumar did not turn up so the person next in the merit list was offered the employment. The allegation about delay in submitting the C.D. of the selection process and doubts over manipulation in the said process is only based on suspicion.
The informant who has lodged the FIR was also a party to of this selection process as he endorsed the merit list. Learned counsel further submits that similarly situated coaccused person, namely, Umesh Sharma has been granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 11.10.2022 passed in Cr. Misc. No. 5833 of 2022. The case of the petitioner is exactly at similar footing.
5. Learned APP opposes the prayer for anticipatory bail.
6. Having regard to the facts and circumstances and
Patna High Court CR. MISC. No.45924 of 2023(2) dt.04-08-2023 3/3 submissions made on behalf of the parties and considering the fact that the petitioner is a lady and also considering the grant of anticipatory bail to the similarly placed co-accused person, let the petitioner, above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sasaram at Rohtas/court concerned, in connection with Sasaram (M) P.S. Case No. 343 of 2021, subject to the conditions mentioned in Section 438(2) of the Cr.P.C. and the following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(Arun Kumar Jha, J) balmukund/- U T