Patna High CourtCR. MISC./47435/2016rejected

Reena Kumari v. The State Of Bihar

2017-01-30Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47435 of 2016 Arising Out of PS.Case No. -1 Year- 2015 Thana -CHANDRADEEP District- JAMUI ======================================================

1. Reena Kumari W/o Sri Vikas Kumar resident of Village- Sinduara, P.S.- Pakari Barawan, District- Nawadah.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prakash Mahto For the Opposite Party/s : Mr. Sri Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-01-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends her arrest in connection with Chandradeep P.S. Case No. 01 of 2015 for the offences punishable under sections 467, 468, 419, 420 and 471 of the I.P.C.

As per direction of the District Magistrate, Jamui the case has been lodged against several teachers who have been appointed in different schools of East Aliganj Block without passing BTET on the basis of the forged certificate and the petitioner is one of them.

Submission is of false implication and that due to non fulfillment of illegal demand the petitioner and others have been

Patna High Court Cr.Misc. No.47435 of 2016 (4) dt.30-01-2017 2/2 implicated, the certificates filed by the petitioner at the time of joining are correct and genuine so offence under sections 467, 468 and 420 of the I.P.C. are not attracted against her and as such she deserves sympathetic consideration.

The learned A.P.P. opposes prayer for pre-arrest bail of the petitioner.

In the facts and circumstances as stated above, considering the allegation I think that it is not a fit case for prearrest bail and accordingly this Criminal Miscellaneous, in connection with the aforementioned case pending in the court of Sri Lalan Kumar, J.M. 1st Class, Jamui, is hereby disposed of with a direction to the petitioner to surrender within four weeks and seek regular bail and then her prayer for regular bail shall be considered on its own merits without being prejudiced by the order of this Court preferably on the same day. (Jitendra Mohan Sharma, J) Abhay/- U T