Kumari Supriya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46262 of 2023 Arising Out of PS. Case No.-47 Year-2023 Thana- BANDHUWA KURAWA District- Banka ====================================================== KUMARI SUPRIYA Daughter of Ajay Ram, Wife of Shiv Bhushan Mandal @ Bhushan Mandal Resident of village-Rassalpur, P.O.-Ekchari, P.S.- Kahalgaon, District-Bhagalpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandrasekhar Sharma, Advocate For the Opposite Party/s :

Mr.Ajay Mishra, A PP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 01-08-2023 Heard learned counsel for the petitioner, learned counsel for the Vigilance and the learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 27.05.2023 in connection with Bandhua Kuraba P.S. Case No. 47 of 2023, F.I.R. dated 26.05.2023 registered for the offence punishable under Sections 420,467,468,471,120B of IPC.

3. Allegation against the petitioner is that she got appointment on the post of teacher in Utkramit Middle School, Maniyarpur by producing forged B.Ed. Certificate and defalcated government money.

4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent and she has

Patna High Court CR. MISC. No.46262 of 2023(2) dt.01-08-2023 2/3 falsely been implicated in the present case. The allegation as alleged in the FIR is false and fabricated and the petitioner has never submitted any forged and fabricated certificate and the petitioner has furnished all the documents which was received from the competent authority/University/Board and the petitioner is in custody since 27.05.2023.

5. Learned counsel for the Vigilance and learned A.P.P. for the State, on the other hand, have vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts, let the petitioner, above named, 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, Banka in connection with Bandhua Kuraba P.S. Case No. 47 of 2023, with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(II) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.46262 of 2023(2) dt.01-08-2023 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T