Babita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50134 of 2022 Arising Out of PS. Case No.-124 Year-2022 Thana- JOGAPATTI District- West Champaran ====================================================== BABITA KUMARI Daughter of Sri Ravindra Chaubey R/V and PO - Vishrampur, P.S- Yogapatti, Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prem Ranjan Kumar, Advocate For the Opposite Party/s :

Mr.Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-12-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Yogapatti PS case no. 124 of 2022 instituted for the offences punishable under Sections 420 and other allied sections of the Indian Penal Code.

The case of the prosecution in brief is that the Vigilance Investigation Bureau had conducted verification of the educational qualification certificates of the teachers, appointed in between the year 2006 to 2015, whereupon certain irregularities were found and F.I.R. was lodged. As far as the petitioner is concerned, upon verification of her matriculation certificate, it transpired that the date of birth was not matching,

Patna High Court CR. MISC. No.50134 of 2022(2) dt.09-12-2022 2/3 inasmuch as though the certificate mentions the date of birth of the petitioner to be 01.01.1985, however, upon verification, the Bihar School Examination Board, Patna has submitted a report, wherein it has been stated that the date of birth of the petitioner, as entered in their records is 01.01.1988.

The learned counsel for the petitioner submits that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 22.03.2022. It is further submitted that the petitioner has already been suitably punished on account of her incarceration.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and appropriate to admit the petitioner to the privilege of bail.

Accordingly, the abovenamed petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court CR. MISC. No.50134 of 2022(2) dt.09-12-2022 3/3 Magistrate, Bettiah, West Champaran in connection with Yogapatti PS case no. 124 of 2022.

(Mohit Kumar Shah, J) rinkee/- U T