Sunita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42270 of 2019 Arising Out of PS. Case No.-248 Year-2018 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== SUNITA KUMARI W/o Chakradhar Chaubey R/o village- Ahirauli, P.S.- Buxar (Ind), District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Digvijay Kumar Ojha For the Opposite Party/s :

Mr.Ajay Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends her arrest in connection with Buxar (Ind) P.S. Case No.248 of 2018 registered under Sections 109, 193, 203, 205, 219, 419, 420, 467, 465, 471 and 120(B) of the Indian Penal Code.

The accusation is that the petitioner and 13 others were selected for the post of Shiksha Mitra in the year 2005 and, later on, on 01.07.2006, the Shiksha Mitra Rules were abolished and the nomenclature of Shiksha Mitra was changed as Panchayat Teacher. Thereafter, one Bibha Kumari filed C.W.J.C. No.21397 of 2013 before this Court in which one Baban Pandey, who was the Headmaster of the School and is

Patna High Court CR. MISC. No.42270 of 2019(2) dt.09-07-2019 2/3 also the father-in-law of Vibha Kumari, produced two registers showing the joining of 14 persons including the petitioner and Bibha Kumari prior to 01.07.2006 and that two registers were found forged. Thereafter, order was passed by this Court for initiation of the proceeding, then present case was instituted and in the register, the name of the petitioner was shown as Shiksha Mitra.

Learned counsel for the petitioner submits that while the name of the petitioner was shown in the register produced by Baban Pandey as Shiksha Mitra but the petitioner has not claimed anywhere about her joining. Further submission is that the similarly situated co-accused Rajendra Kumar, Ran Vijay Kumar Choubey and Raj Kumar Azad have already been granted the privilege of pre-arrest bail by a Bench of this Court vide order dated 09.05.2019 passed in Criminal Misc. No.30387 of 2019. The petitioner has no criminal antecedent. Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of her arrest or surrender by her within six weeks from today, be enlarged on bail on her furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar,

Patna High Court CR. MISC. No.42270 of 2019(2) dt.09-07-2019 3/3 in connection with Buxar (Ind) P.S. Case No.248 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T