Nitu Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17090 of 2016 Arising Out of PS.Case No. -16 Year- 2016 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================

1. Nitu Kumari D/o Rajendra Prasad Modi Resident of village - Otiap, P.S. Antichak, District - Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. N.K. Agarwal, Sr. Advocate Mr. Vijay Anand For the Opposite Party/s : Mr. S. Eheteshmuddin (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 02-05-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends her arrest in connection with a case registered for the offences punishable under Sections 420/409/467/468/471/120(B) of the Indian Penal Code. A supplementary affidavit has been filed today in order to correct paragraph No. 6 of the main bail application in which it has been submitted that the petitioner is an unmarried girl. However, in the present supplementary affidavit, the petitioner has stated that she is mother of ten years old child and she looks after her old in-law.

Learned counsel for the petitioner submits that though there was an allegation against the petitioner that she had supplied a certificate from such a institute which has no existence yet, no

Patna High Court Cr.Misc. No.17090 of 2016 (3) dt.02-05-2016 P2/2 such confirmation is available to show that such an inquiry was made and that further an opportunity was given to the present petitioner to show that the institute from which she has been granted the certificate, was not in fact a fake institution. Considering the aforementioned facts and circumstances and that the petitioner is no longer working as a teacher with effect from January, 2016 and she is not drawing any further money with effect from 13.01.

2016 and also because she undertakes to return whatever money was paid to her in the event of her appointment being found to be on the basis of said forged certificate, let the petitioner, in the event of her arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in connection with Kotwali (Adampur) P.S. Case No. 16/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjana Mishra, J) Saif/- U T