Suman Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61881 of 2023 Arising Out of PS. Case No.-267 Year-2022 Thana- DEHRI TOWN District- Rohtas ====================================================== Suman Kumari W/O Late Suresh Ram R/O Village- Nasriganj, P.S.. Nasriganj, District - Rohtas ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Soni Srivastava, Advocate Mr.Anjani Kumar Jha, Advocate For the Opposite Party/s :

Mr.Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 06-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner is apprehending her arrest in connection with Dehri Nagar (Indrapuri OP) P.S. Case No. 267 of 2022, registered on 20.04.2022 for the offences under Sections 420, 467, 468, 471, 120B of the Indian Penal Code.

3. As per prosecution case, petitioner submitted a forged marksheet at the time of her employment as a Panchayat teacher.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The petitioner has become victim of circumstances and she

Patna High Court CR. MISC. No.61881 of 2023(3) dt.06-12-2023 2/3 did not forge any document. She is a widow having two children aged 6 years and 3 years. Learned counsel further submits that the petitioner has resigned from her job and perhaps due to wrong advise she did not resign earlier. Learned counsel further submits that no useful purpose would be served by putting the petitioner behind bar and she is ready to cooperate with the investigation and there is no possibility of tampering or doing anything of that sort. Learned counsel further submits that considering the fact that the petitioner is a widow and she has two children to look after, her case may be sympathetically considered.

5. Learned APP opposes the submission made on behalf of the petitioner. Learned APP submits that twice amnesty scheme was offered to those persons who got the job on the basis of forged and fabricated documents, the petitioner failed to avail the opportunity and after registration of the FIR against her only then she has tendered her resignation.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that the petitioner is a widow having two children and she has resigned from her job, the petitioner above named, in the event of her arrest or surrender before the court concerned

Patna High Court CR. MISC. No.61881 of 2023(3) dt.06-12-2023 3/3 within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand Only) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Dehri-on-Sone (Rohtas)/concerned court in connection with Dehri Nagar (Indrapuri OP) P.S. Case No. 267 of 2022, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions : (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) DKS/- U T