Babita Kumari And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.60688 of 2018 Arising Out of PS.Case No. -97 Year- 2017 Thana -BEERPUR District- BEGUSARAI ======================================================
1. Babita Kumari, W/o Sandip Kumar, R/o Vill.- Bhawanandpur, PostPanapur, P.S.- Birpur, Ward No. 7, District- Begusarai.
2. Mamta Kumari W/o Manoj Kumar, D/o Indradeo Ram, R/o Vill.- Bhawanandpur, Post- Panapur, P.S.- Birpur, Ward No. 7, DistrictBegusarai. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Mrityunjay Kumar For the Opposite Party : Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 08-10-2018 Supplementary affidavit is filed on behalf of the petitioners. Let it be kept on record.
Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Birpur P.S. Case No. 97/2017 registered for the offences punishable under Sections 467, 468, 471, 420 and 120B/34 of the Indian Penal Code.
The accusation against the petitioners is that they got job by producing fake certificates.
Patna High Court Cr.Misc. No.60688 of 2018 (2) dt.08-10-2018 2/3 Submission on behalf of the petitioners is that the present case was lodged in the light of order dated 22.06.2015 passed by Division Bench of this Court in CWJC No. 15459 of 2014. He further submits that as a matter of fact, the Division Bench of this court in the aforesaid order dated 22.06.2015 granted liberty to those teachers who had obtained appointment on the basis of fake documents to resign within 15 days from the date of publication of notice by the concerned department and in view of the aforesaid order, the concerned department got published notice on 25.06.2015 fixing cut-off date for resignation as 09.07.2015 and within the above stated period of cut-off-date, petitioners resigned from their posts which is evident from perusal of documents annexed with this petition as well as with supplementary affidavit.
Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in Birpur P.S. Case No. 97/2017
Patna High Court Cr.Misc. No.60688 of 2018 (2) dt.08-10-2018 3/3 subject to conditions as laid down under Section 438(2) of the Cr.P.C.
(Hemant Kumar Srivastava, J) SHAHZAD/AbhijeetU T