Rachna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55344 of 2023 Arising Out of PS. Case No.-370 Year-2022 Thana- KHARHAGPUR District- Munger ====================================================== Rachna D/o Brijnandan R/o Village and P.O.- Rukhayee, PS. Chandi, Dist. Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 20-09-2023 Heard Mr. Ajay Kumar Sinha, learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Kharagpur P.S. Case No. 370 of 2022 registered for the offences punishable under Sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code.

3. Allegedly, on the basis of forged registration certificates, the petitioner procured appointment on the post of Nurse Grade-I.

4. Learned counsel for the petitioner submits that the petitioner is a hapless lady and she herself became the victim of the incidents as during the course of verification, her registration certificates issued by the Bihar Nursing Registration Board, Patna, has been found to be forged. He further submits that the

Patna High Court CR. MISC. No.55344 of 2023(2) dt.20-09-2023 2/3 petitioner has already been punished sufficiently as she has been removed from services. He next submits that prior to the termination or institution of FIR, she has never been given any opportunity to place her case. That apart, the other co-accused persons having identical allegation of obtaining appointment on the basis of forged registration certificates, they have been allowed the privilege of anticipatory bail by a learned coordinate Bench of this Court vide order dated 25.02.2023 passed in Cr. Misc. No. 67960 of 2022.

5. On the other hand, learned counsel for the State opposes the bail application.

6. Regard being had to the submissions made on behalf of the parties and considering the fact that the petitioner has already been removed from her service and, moreover, the other co-accused persons having similar allegation have been allowed the privilege of anticipatory bail, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IV, Munger in connection with Kharagpur P.S. Case No. 370 of 2022, subject to the condition

Patna High Court CR. MISC. No.55344 of 2023(2) dt.20-09-2023 3/3 as laid down under Section 438(2) of the Cr.P.C, with further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J) rohit/- U T