Mini Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42400 of 2018 Arising Out of PS.Case No. -229 Year- 2017 Thana -ISUAPUR District- SARAN ======================================================

1. Mini Kumari W/o Late Bhuneshwar Ojha, D/o Raghaw Sharma, R/o Vill.- Kumhalia, P.S.- Isuapur, District- Saran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Shashi Shekhar Kishore For the Opposite Party/s : Mr. Sri Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-07-2018 Heard both sides.

The petitioner apprehends her arrest in Isuapur P.S. case No. 229 of 2017 for the offences punishable under Section 419, 420, 409, 467, 468, 471, 201 and 120(B) of the Indian Penal Code.

The informant alleged that the petitioner, Mini Kumari, along with others, during the course of enquiry, was found to have been appointed on the basis of forged Intermediate mark sheet. The petitioner submitted her Intermediate mark sheet showing 662 marks obtained out of 900 marks but on verification it transpired that petitioner got only 545 marks out of 900 marks. The learned counsel for the petitioner submits that the petitioner had no knowledge about the manipulation in her mark sheet. The petitioner has already been dismissed from service. Learned counsel for the petitioner further submits that a

Patna High Court Cr.Misc. No.42400 of 2018 (2) dt.20-07-2018 2/2 P.I.L was filed vide CWJC. No. 15459 of 2014 to look into the illegality in the appointment of Panchayat Teachers and in pursuance thereof inquiry was held. The High Court directed to publish a notice to the effect that in case any teacher of whatever category, has secured appointment on the basis of fake or fabricated certificate, submits his resignation within fifteen days from the date of notice, it would be accepted and no proceeding would be initiated against him either for prosecution or for the recovery of the amount already paid but the petitioner did not resign from service as she had no knowledge about the amnesty granted by this Court.

It appears that petitioner got appointment on the post of Panchayat Teacher on the basis of forged certificate and she continued in service even after the amnesty granted by the High Court and she did not resign.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) BKS/Rajan U T