Binita Kumari v. The State Of Bihar Through D. G. Vigilance Investigation Bureau, Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31530 of 2017 Arising Out of PS.Case No. -169 Year- 2016 Thana -SHAMBHUGANJ District- BANKA ====================================================== Binita Kumari, D/o Rambilash Kumar, Resident of Village- Nayagaon (Panchkhuti), P.S. Parwatta, District - Khagaria. .... .... Petitioner

Versus

The State of Bihar Through D. G. Vigilance Investigation Bureau, Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Rakesh Kumar For the Opposite Party : Mr. Rama Kant Sharma(L.O,I/C Vigi) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-08-2017 Heard learned counsel for the petitioner, learned counsel for the Vigilance and learned counsel representing the State.

The petitioner apprehends her arrest in connection with Sambhuganj P.S. Case No. 169 of 2016, registered for the offences punishable under Sections 420, 467, 468, 471, 120(B)/34 of the Indian Penal Code.

The petitioner was working as Block Teacher. She has been made accused with the allegation that the documents which she has not produced at the time of her appointment were forged.

Submission is of false implication and that no documents which the petitioner had produced at the time of appointment are forged and she is ready to present those documents before the police or the Court and further she is also

Patna High Court Cr.Misc. No.31530 of 2017 (4) dt.19-08-2017 2/2 ready to present herself before the police or the Court as and when required for investigation. In this case under the similar circumstances Mukesh Paswan and Punam Devi have been allowed pre-arrest bail vide Cr. Misc. No. 24723 of 2017 and Cr. Misc. No. 25638 of 2017 by another co-ordinate Bench of this Court and thereafter Roji Kumari, Banti Kumar and Brajesh Kumar, have also been allowed pre-arrest bail by this Court and, as such, the petitioner deserves sympathetic consideration. The learned senior counsel representing Vigilance Investigation Bureau, opposes the prayer of pre-arrest bail and submits that the petitioner has not returned the salary which she had received.

In the facts and circumstances as stated above, the petitioner in the event of her arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Banka, in connection with Sambhuganj P.S. Case No. 169 of 2016, subject to the conditions as laid down in section 438(2) of the Cr.P.C. (Jitendra Mohan Sharma, J.) Rajiv/- U T