Patna High CourtCR. MISC./40772/2017bail granted

Sarita Kumari v. State Of Bihar And ANR

2017-09-21Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40772 of 2017 Arising Out of PS.Case No. -67 Year- 2017 Thana -MASRAKH District- SARAN ====================================================== Sarita Kumari, Wife of Sanjiv Kumar, D/o Hari Lal Ram, Resident of Village-Baliya, P.S.-Maharajganj, District-Siwan, Presently Posted as Assistant Teacher, Primary School, Lakhanpur, P.S.-Mashrakh, DistrictSaran at Chapra. .... .... Petitioner

Versus

1. The State of Bihar

2. The Superintending of Police, Vigilance, North Bihar, Muzaffarpur .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Binod Singh, Adv. For the Opposite Party/s : Mr. Arun Kumar Pandey, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 21-09-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking pre-arrest bail in connection with Special Case No.13 of 2017, arising out of Mashrakh P.S. Case No.67 of 2017, registered for the offence punishable under Sections 419, 420, 409, 467, 468, 471, 201 and 120(B) of the Indian Penal Code and under Section 13(2) read with Section 13 (1) (d) of the Prevention of Corruption Act, 1988.

Allegation has been made against the petitioner that though she was not successfully in the TET examination, but has obtained a fraudulent certificate and got her appointment. During

Patna High Court Cr.Misc. No.40772 of 2017 (2) dt.21-09-2017 2/2 inquiry, it was transpired that the petitioner has produced the forged certificate.

Learned counsel for the petitioner submits that everything was verified thereafter the certificate was handed over to the petitioner. He further submits that in an identical matter, this Court in Criminal Miscellaneous No.40091 of 2017 has granted bail to the petitioner of that case.

Looking to the facts and circumstances of the case, let the petitioner, namely, Sarita Kumari, be released on anticipatory bail in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Special Judge, Vigilance, North Bihar, Muzaffarpur, in connection with Special Case No.13 of 2017, arising out of Mashrakh P.S. Case No.67 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Shivaji Pandey, J) pawan/- U