Kumari Rita Sinha v. The State Of Bihar Through Department Of Vigilance

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22266 of 2016 Arising Out of PS.Case No. -29 Year- 2016 Thana -BELDAUR District- KHAGARIA ====================================================== Kumari Rita Sinha, D/o- Chandra Narayan Sinha, W/o- Kundan Kumar, resident of village- Cahidha, P.S. Gogri, District - Khagaria at present teacher Middle School Rahima, P.S. Beldaur, District - Khagaria .... .... Petitioner/s

Versus

1. The State of Bihar through D.G. Department of Vigilance.

2. Circular Road, Patna Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Sumiran Rai For the Opposite Party/s : Mr. Rameshwar Sharma (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 22-06-2016 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioner is a Panchayat Teacher, who has appointed in the year 2006 and is facing prosecution and apprehending his arrest in connection with Beldaur P.S. Case No. 29 of 2016 for the offences registered under Sections 467, 468, 471, 420 and 120(B)/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the allegation against her is that she got employment as Panchayat Teacher on the basis of certificate issued by the Madhyamik Shiksha Parishad, Delhi which according to the State is not recognized institution. It is further submitted that the

prosecution against several teachers emanated out of the public interest litigation in which orders were passed by this court wherein in it was directed that the persons have been appointed on the basis of forged and fake certificates may be eliminated from service. It is further submitted that the petitioner does not fall into the said category and the only question is to be determined in her case is that whether the institution from which she had passed the senior secondary examination is a recognized institutions or not.

Considering the facts and circumstances of the case as also the fact that other similarly situated co-accused persons have already been extended the privilege of anticipatory bail vide order dated 01.04.2016 passed in Cr. Misc. No. 14229 of 2016 and the petitioner was also holding the degree from the Madhyamik Shiksha Parishad, Delhi, which is the same institution from which the present petitioner has obtained his matriculation degree in the year 1993 itself, let the petitioner, above named, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, 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 the Chief Judicial Magistrate, Khagaria in

connection with Beldaur P.S. Case No. 29 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) Jagdish/- U T