Gouri Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58211 of 2021 Arising Out of PS. Case No.-54 Year-2019 Thana- DHURAIYA District- Banka ====================================================== GOURI DEVI W/O LATE NARSINGH PRASAD SINGH R/o villageChandadih, P.S.- Dhoraiya, District- Banka ... ... Petitioner

Versus

1.

The State of Bihar 2.

The State of Bihar through Vigilance, Bihar, Patna Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Jha For the Opposite Party/s :

Mr.Ajay Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 08-07-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner as well as learned Spl.P.P. for the Vigilance.

The petitioner apprehends her arrest in connection with Dhoraiya P.S. Case No. 54 of 2019, registered for the offences punishable under Sections 420, 467, 468, 471, 120(B) of the Indian Penal Code.

As per allegation, the petitioner who is ex-mukhiya has facilitated one Binod Kumar Singh in securing his job as panchayat teacher on the basis of forged documents.

Patna High Court CR. MISC. No.58211 of 2021(2) dt.08-07-2022 2/3 The learned counsel for the petitioner has submitted that at relevant time the petitioner was mukhiya and one of the members of the selection committee. The committee took its decision on the basis of certificates produced by the candidates and the candidate who has secured highest marks was selected as teacher. There was no occasion before the committee to suspect the certificate produced on behalf of the co-accused Binod Kumar Singh. He has further submitted that on similar footing Jamila Khatoon who was also ex-mukhiya was granted anticipatory bail in Cr. Misc. No. 69915 of 2019 and Binod Kumar Singh against who there is allegation of submission of forged certificates was also granted anticipatory bail by the coordinate Bench in Cr. Misc No. 63363 of 2019. The petitioner is a lady of clean antecedents. The learned Spl.P.P. for the Vigilance has opposed the prayer for bail of the petitioner.

Considering the above-mentioned facts and circumstances, let the petitioner, in the event of her arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Shri Vikash Kumar, Banka in connection with Dhoraiya P.S. Case No. 54 of 2019, subject to the conditions as laid down under

Patna High Court CR. MISC. No.58211 of 2021(2) dt.08-07-2022 3/3 Section 438(2) Cr.P.C.

Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) SONALI/- U T