Manju Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60625 of 2022 Arising Out of PS. Case No.-61 Year-2021 Thana- NALANDA District- Nalanda ====================================================== Manju Sinha Daughter Of Parmeshwar Prasad R/O Primary School, Kapatiya, P.S. And District- Nalanda Permanent Address- Wife Of Upendra Prasad, R/O Village- Chulhaibigha, Post- Manjaur, P.S.- Warsaliganj, District- Nawada ... ... Petitioner/s

Versus

1. The State Of Bihar 2.The Vigilance Bureau, Patna Range, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-12-2022 Heard learned counsel for the petitioner, learned counsel for the Vigilance and learned Additional Public Prosecutor for the State.

The petitioner is apprehending her arrest in a case registered for the offences punishable under Sections 420,467,468,471,120(B) of IPC.

The prosecution case, in short, is that at the time of fill-up the form for appointment of Primary Teacher in the year 2006 the petitioner has submitted a forged and fabricated marksheet of matriculation of another person of Sunita Sinha in place of the petitioner and during course of verification her marksheet and certificate of matriculation she found forged and fabricated one.

Patna High Court CR. MISC. No.60625 of 2022(3) dt.06-12-2022 2/3 Learned counsel for the petitioner submits that the petitioner has clean antecedent. She has falsely been implicated in the present case. Further submits that as per direction of this Hon'ble Court passed in C.W.J.C.No.15459 of 2014 the Vigilance has instituted the case against the petitioner and similarly situated persons. Learned counsel for the petitioner submits that the petitioner appointed as Primary School Teacher on the basis of her original marksheet and certificate and the petitioner never submitted a forged and fabricated certificate as alleged in the FIR and pursuant to the present FIR the petitioner has left from her service with effect from 06.09.2021. Learned counsel for the Vigilance has vehemently opposed the prayer for anticipatory bail of the petitioner.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of her arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 court below where the case is pending in connection with Nalanda P.S. Case No.

Patna High Court CR. MISC. No.60625 of 2022(3) dt.06-12-2022 3/3 Procedure and with other following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on her absence on two consecutive dates without sufficient reason, his bail bonds shall be cancelled by the Court below.

(2) If the petitioner tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed her criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T