Anita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9312 of 2021 Arising Out of PS. Case No.-8 Year-2020 Thana- BHADHWAR District- Gaya ====================================================== 1.

Anita Kumari D/O Krishnadeo Prasad @ Arvind Prasad @ Krishnadev Prasad Resident Of Village Taroa Ps Gurua, Gaya, Presently Posted As Panchayat Teacher, Primary School, Beninagar, Dumariya, District-Gaya. 2.

Asmita Kumari W/O Subodh Kumar Resident Of Village Karmaun Maigra, Gaya, Presently Posted As Panchayat Teacher, Primary School, Bisunchak, Dumariya, District-Gaya.

3.

Arvind Kumar S/O Nemu Mahto @ Baijnath Prasad Resident Of Village Narayanpur, Maigra, Dumariya, District-Gaya, Presenlty Posted As Panchayat Teacher, Primary School, Bisunchak, Dumariya, District-Gaya. 4.

Amlesh Thakur @ Amlesh Kumar S/O Satyendra Thakur @ Shyam Sunder Singh Resident Of Village Lawabar Kala Pahad, Tendua, Aurangabad, Presently Posted As Panchayat Teacher, Primary School, Tandwa, Dumariya, District-Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar Singh For the Opposite Party/s :

Mr. Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-02-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

Patna High Court CR. MISC. No.9312 of 2021(3) dt.08-02-2022 2/3 The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471, 120(B) of the Indian Penal Code.

The accusation against the petitioners is of having forged the BETET marks-sheet on the basis of which employment was obtained by them as a Panchayat Teacher.

It is submitted by learned counsel for the petitioners that their services have been terminated. With respect to the accusation of tampering with the name and marks-sheet of the BETET, it has been submitted that there could be some tampering in the database of the BSEB for which the petitioners cannot be held responsible. Apart from this, it has been submitted that there is no other material to connect the petitioners with the offence in as much as no evidence has been collected to make them liable even for conspiracy in obtaining a certificate with forged marks

Patna High Court CR. MISC. No.9312 of 2021(3) dt.08-02-2022 3/3 and percentage. It is further submitted that some of the other accused persons of this case have been granted anticipatory bail by a different Bench of this Court. Considering the aforestated facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Sherghati, Gaya in connection with Bhadwar P.S. Case No. 08 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T