Kumari Sunaina v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18272 of 2016 Arising Out of PS.Case No. -18 Year- 2016 Thana -ALOULI District- KHAGARIA ====================================================== Kumari Sunaina, W/o Sri Raju Kumar, D/o Chandreshwari Pd. Yadav resident of Village- Dalan Haripur, P.S.- Alauli, District- Khagaria. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Ram Subhas Singh, Advocate For the State : Mr. Nityanand, APP For the Vigilance: Mr. Kedar Singh, AC ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 02-05-2016 Heard learned counsel for the petitioner, the State and the Vigilance.

Petitioner apprehends her arrest in a case registered for the offences punishable under sections 467, 468, 471,420, 120B/34 of the Indian Penal Code.

Allegation against the petitioner is that she was appointed as Prakhand Teacher on the basis of a certificate issued by the Shiksha Parishad, Delhi, however, it has been informed that such Parishad is not a recognized institution from which the petitioner has obtained the certificate.

The inquiry was made in view of the order passed by this Court in a Public Interest Litigation with regard to the appointment of teachers who got appointment on the basis of the

Patna High Court Cr.Misc. No.18272 of 2016 (2) dt.02-05-2016 forged or fabricated certificates.

It is contended that one of the co-accused, who is on identical footing, has already been granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 01.04.2016 passed in Criminal Miscellaneous No. 14229 of 2016. Considering the facts and circumstances of the case and the fact that the petitioner is a lady, let the abovenamed petitioner, namely, Kumari Sunaina, be released on bail in the event of arrest/surrender before the court below within a period of six weeks from today in Alauli Police Station Case No. 18/2016 on furnishing bail bonds of Rs.10,000/- ( Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria, subject to the conditions laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure.

However, the petitioner would be required to cooperate in the investigation, failing which the prosecution would be at liberty to take steps for cancellation of her bail bond. (Dr. Ravi Ranjan, J) SC/- U T