Kumari Shashi Kala v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50342 of 2015 Arising Out of PS.Case No. -137 Year- 2015 Thana -BIKRAMGANJ District- SASARAM (ROHTAS) ======================================================
1. Kumari Shashi Kala Wife of Nand Kumar Singh Resident of village - Raman Dihra, Police Station - Bikramganj, District - Rohtas at Sasaram .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raghunandan Kumar Singh For the Opposite Party/s : Mr. Md. Ansural Haque (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 10-11-2015 Heard Mr. Thakur for the petitioner and Mr. Md. Ansarul Haque, APP for the State.
The petitioner is facing accusations under sections 467, 468, 471 and 420 of the Indian Penal Code vide Bikramganj P.S. Case No. 137 of 2015.
The petitioner applied for appointment as trained teacher. The allegation is that on the strength of her fake marksheet she got herself employed and obtained salary/honorarium of three months @ Rs. 10,000/- per month. Subsequently, on verification, it was found that petitioner had produced fake marksheet. She has actually obtained 405 marks at the Intermediate level.
It is submitted that in fact the petitioner had produced
Patna High Court Cr.Misc. No.50342 of 2015 (2) dt.10-11-2015 2/3 documents showing 405 marks but somebody hostile to her later interluded fake mark-sheet. Petitioner is a lady. There is no criminal antecedent. She has already been removed from service. For securing the privilege of anticipatory bail, she is ready to deposit the amount as directed by the Court.
Considering the above, in the event of arrest or surrender in the Court below within five weeks, the petitioner abovenamed is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram in Bikramganj P.S. Case No. 137 of 2015 subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further following conditions:
(i) One of the bailers shall be the own/close family members of the petitioner.
(ii) In case of framing of charge, the petitioner shall appear in person on each and every date fixed in the Court below. In case of default in doing so on two consecutive occasions without any cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioner and secure his arrest in accordance with law.
Patna High Court Cr.Misc. No.50342 of 2015 (2) dt.10-11-2015 3/3 (iii) Along with the bail bond, the petitioner shall file a receipt showing deposit of a sum of Rs. 10,000/- in the office of the concerned District Programme Officer or receipt showing such deposit with the Nazarat of the Civil Court to be withdrawn by the District Programme Officer. Such deposit shall be without prejudice to her right and contention in the case. (Kishore Kumar Mandal, J) Pankaj/- U T