Champa Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9168 of 2021 Arising Out of PS. Case No.-34 Year-2020 Thana- DUMARIYA District- Gaya ====================================================== 1.

CHAMPA KUMARI W/O BRIJMOHAN SINGH RESIDENT OF VILLAGE SIMRI PO KALAPAHAR TENDUA, AURANGABAD, PRESENTLY POSTED AS PANCHAYAT TEACHER, URDU PRIMARY SCHOOL, SAITA, DUMARIYA, DISTRICT-GAYA.

2.

PUNAM KUMARI W/O CHANDRIKA NARAYAN SINGH RESIDENT OF VILLAGE BASDIHA DUMARIYA, GAYA, PRESENTLY POSTED AS PANCHAYAT TEACHER, NEW PRIMARY SCHOOL, KUNDARI, DUMARIYA, DISTRICT-GAYA.

3.

MAMTA KUMARI W/O ABHAY KUMAR RESIDENT OF VILLAGE KATHAUTIA DUMARIYA, GAYA, PRESENTLY POSTED AS PANCHAYAT TEACHER, PRIMARY SCHOOL, TEKARA KALA, DUMARIYA, DISTRICT-GAYA.

4.

BABITA KUMARI W/O RAVINDRA DAS RESIDENT OF VILLAGE JHIKATIYA KURD MAGIRA, IMAMGANJ, DISTRICT-GAYA, PRESENTLY POSTED AS PANCHAYAT TEACHER, PRIMARY SCHOOL, ISLAMPUR, DUMARIYA, DISTRICT-GAYA.

5.

CHANCHAL KUMARI D/O SIYAWAR PRASAD RESIDENT OF VILLAGE LONDA PIPRA, DUMARIYA, GAYA, PRESENTLY POSTED AS PANCHAYAT TEACHER, URDU PRIMARY SCHOOL, KOLHUWAR DUMARIYA, GAYA.

6.

SONI KUMARI D/O VIJAY PRASAD RESIDENT OF VILLAGE NARAYANPUR, MAIGRA DUMARIYA, GAYA, PRESENTLY POSTED AS PANCHAYAT TEACHER, PRIMARY SCHOOL, BUDHI BANDH, DUMARIYA, DISTRICT-GAYA.

7.

SHOBHA KUMARI W/O RAVINDRA KUMAR RESIDENT OF VILLAGE PANAKRA AADAR CHAK, DUMARIYA, GAYA, PRESENTLY POSTED AS PANCHAYAT TEACHER, PRIMARY SCHOOL, SUJJI KHURD, DUMARIYA, GAYA.

8.

BINITA KUMARI W/O PRADEEP KUMAR RANJAN RESIDENT OF VILLAGE KHANETU GAYA, PRESENTLY POSTED AS PANCHAYAT TEACHER, PRIMARY SCHOOL, BARWADIH, DUMARIYA, GAYA. 9.

KUMARI CHANCHAL MALA W/O SANTOSH PRASAD RESIDENT OF CHAHRA PAHRA, DUMARIYA, GAYA, PRESENTLY POSTED AS PANCHAYAT TEACHER, PRIMARY SCHOOL, BARWADIH, DUMARIYA, DISTRICT-GAYA.

10.

REENA KUMARI W/O AKHILESH PRASAD RESIDENT OF VILLAGE VALICHAK (WALICHAK), FULAWARIYA, MAIGRA, DUMARIYA, GAYA, PRESENTLY POSTED AS PANCHAYAT TEACHER, PRIMARY SCHOOL, DEWRI, DUMARIYA, DISTRICT-GAYA.

11.

BEAUTY KUMARI D/O PRADEEP PRASAD @ AJAY KUMAR SINGH RESIDENT OF VILLAGE NARAYANPUR, MAIGRA, DUMARIYA, GAYA, PRESENTLY POSTED AS PANCHAYAT TEACHER, PRIMARY SCHOOL, KODHI, DUMARIYA, DISTRICT-GAYA.

2/4 12.

LAV KUMAR S/O SURENDRA KUMAR @ ANIL SINGH RESIDENT OF VILLAGE NURCHAK, CHIKSI, PATNA, PRESENTLY POSTED AS PANCHAYAT TEACHER, NAW PRIMARY SCHOOL, ISLAMPUR, DUMARIYA, DISTRICT-GAYA.

13.

MD. MOSHARRAF ANSARI @ MUMTAZ ANSARI S/O MD. ASLAM ANSARI @ JAMIL AHMAD RESIDENT OF VILLAGE SIMARI, MAIGRA, DUMARIYA, DISTRICT-GAYA, PRESENTLY POSTED AS PANCHAYAT TEACHER, URDU PRIMARY SCHOOL, SAITA DUMARIYA, DISTRICT-GAYA.

14.

RANJAY PASWAN S/O CHANDRADEV PASWAN RESIDENT OF VILLAGE SIDHPUR, AADHAR CHAK, DUMARIYA, GAYA, PRESENTLY POSTED AS PANCHAYAT TEACHER, PRIMARY SCHOOL, NIMIYATAD, DUMARIYA, DISTRICT-GAYA.

15.

SUDHIR KUMAR S/O SHEONANDAN SHARMA @ RAJNATH PRASAD RESIDENT OF VILLAGE BAIKUA KALA, MAIGRA, DUMARIYA, GAYA, PRESENTLY RESIGNATION WAS GIVEN ON 01.03.2019 FROM PANCHAYAT TEACHER, PRIMARY SCHOOL, MAHUDI, GAYA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Birendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Md.Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-01-2022 Heard learned counsel for the petitioners and learned APP for the State through virtual court proceedings. Learned counsel for the petitioners is directed to remove the defects as pointed out by the office, within four weeks. In the eventuality of non-removal of defects within stipulated period, the office will place the matter before the Bench. Petitioners apprehend their arrest in connection with Dumariya P.S. Case No.34 of 2020, registered for the offence

3/4 punishable under sections 420, 467, 468, 469, 34 of the IPC. The crux of the prosecution case is that the accused persons including the petitioners got their appointment as Niyojit Block Teacher on the basis of forged and fabricated mark-sheets of BETET.

It is submitted by learned counsel for the petitioners that the petitioners are quite innocent and have not committed any offence. They have been falsely implicated in this case merely on suspicion at the instance of his enemies. It is submitted that the appointment of the petitioners have been terminated. Several similarly situated co-accused have been granted anticipatory bail vide order dated 14.03.2019 passed in Cr.Misc.No.15930 of 2019 and petitioners have no criminal antecedent, as also mentioned in para-3 of the bail application.

Learned APP for the State opposed the prayer for bail. Petitioners are agreed to deposit Rs.2000/- (Rupees Two Thousand) each in the Juvenile Justice Fund, Bihar bearing Account No.35094613009, IFSC SBIN0000153, State Bank of India, Patna Secretariat Sinchai Bhawan Branch, Patna. In the facts and circumstance of the case, the above named petitioners, in the event of their surrender/arrest before the learned Court below within a period of six weeks from

4/4 today, are directed to be released on bail on furnishing bail bond of Rs.25,000/- (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Sherghati, Gaya, in connection with Dumariya P.S. Case No.34 of 2020, subject to the condition as laid down under section 438(2) of the Cr.P.C. The bail bonds of the petitioners shall be accepted by the learned Court below on showing the receipt of deposit of Rs.2000/- (Rupees Two Thousand) each in the Juvenile Justice Fund.

(Anjani Kumar Sharan, J) pallavi/- U T