← Library
Patna High CourtCR. MISC./54424/2023bail granted

Mamta Kumari v. The State Of Bihar

2023-09-08Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54424 of 2023 Arising Out of PS. Case No.-329 Year-2022 Thana- RUPAULI District- Purnia ====================================================== Mamta Kumari Wife Of Manoranjan Kumar Resident Of Village- Khalifa Tola, Post- Bhargama, Ps- Chausa, Distt- Madhepura, Employed Panchayat Teacher, Primary School Laxminia, Panchayat- Nathpur, Block- Rupauli, Distt- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar, Advocate For the Opposite Party/s :

Mr. Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 08-09-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

02. In the present case, the petitioner is apprehending her arrest in connection with Rupauli (Mohanpur O.P.) P.S. Case No. 329 of 2022, registered on 13.11.2022, for the alleged offence under Sections 420, 467, 468, 471, 120(B) of the Indian Penal Code.

03. As per prosecution case, the allegation against the petitioner is that of producing a fake certificate at the time of her employment as a Panchayat Teacher.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The certificate produced by the petitioner was not forged

Patna High Court CR. MISC. No.54424 of 2023(2) dt.08-09-2023 2/3 or fabricated. A number of persons in different cases but with identical or similar allegation/circumstances have been granted anticipatory bail by different Co-ordinate Benches of this Court vide order dated 17.10.2017 passed in Criminal Misc. No. 38863 of 2017 and analogous cases, order dated 15.11.2019 passed in Criminal Misc. No. 65605 of 2019, order dated 28.07.2023 passed in Criminal Misc. No. 24456 of 2023, order dated 21.07.2023 passed in Criminal Misc. No. 28148 of 2023 and order dated 23.01.2023 passed in Criminal Misc. No. 64111 of 2022, respectively.

05. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

06. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the grant of anticipatory bail to the accused persons with similar allegation, let the petitioner above named, in the event of her arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Rupauli (Mohanpur O.P.) P.S. Case No. 329 of 2022, subject to the

Patna High Court CR. MISC. No.54424 of 2023(2) dt.08-09-2023 3/3 condition laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) Ashish/- U T