Moni Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46652 of 2022 Arising Out of PS. Case No.-25 Year-2022 Thana- KHUDAGANJ District- Nalanda ====================================================== MONI KUMARI D/o Raj Kumar Sharma R/o village- Badraj, Post Ekangardih, P.S.- Ekangarsarai, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh, Advocate For the Opposite Party/s :

Mr.Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 03-01-2023 Heard learned counsel for the petitioner and for the State.

The petitioner apprehends his arrest in connection with Khudaganj P.S. Case NO. 25 of 2022 for the offence registered under Sections 420, 467, 468, 471 and 120(b) of the Indian Penal Code.

As per the prosecution story, the Vigilance Department pursuant to the High Court's order instituted a case to verify the educational certificates and during the course of verification, it was found that the petitioner herein, who was selected on the post of Panchayat Teacher in Prathmic Kanya Vidyalaya, Kochara was not having the certificate of BETET. Still on the basis of forged certificate, she took employment. Learned counsel for the petitioner submits that under bona fide belief that she is having a genuine certificate, she

Patna High Court CR. MISC. No.46652 of 2022(2) dt.03-01-2023 2/2 continued on the post even during the amnesty period but the moment, she got a knowledge about it after the lodging of the case, she has left the employment. It is his further submission that she has already suffered and has unemployed although he concedes that she should have been diligent in the matter. Learned APP for the State opposes the prayer for bail and submits that she failed to resign during the amnesty period. Taking into account the fact that she is a lady, has no criminal antecedent and has since resigned from the post and ultimately has to face the trial, this Court is inclined to grant her the privilege of anticipatory bail.

Let the petitioner, in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Khudaganj P.S. Case No. 25 of 2022, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Rajiv Roy, J) Jagdish/NehaU T