Usha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59070 of 2025 Arising Out of PS. Case No.-17 Year-2025 Thana- Nehra District- Darbhanga ====================================================== Usha Devi, female, W/o Late Manoj Kumar Yadav, R/o Village-Kajiyana, P.O.-Basuara, P.S. and Distt.-Madhubani.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prafull Chandra Thakur, Adv.
For the Opposite Party/s :
Mr. Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 12-09-2025 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
2. The petitioner is apprehending her arrest in connection with Nehra P.S. Case No. 17 of 2025 registered for the offences under Sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code.
3. As per the prosecution case, the informant has alleged that the petitioner has submitted a fake mark-sheet procured from Jharkhand Academic Council, Ranchi and the
2/4 same was being used for getting appointment.
4. It has been submitted on behalf of the petitioner that she has not committed any offence and after almost 20 years of her appointment, the present case has been lodged. It has been submitted that when the petitioner had been appointed, her mark-sheet and other academic documents were verified and nothing wrong was found. It has further been submitted that the petitioner had worked for more than 19 years and no questionmark was ever raised against her. It has lastly been submitted that the petitioner has clean antecedent.
5. The learned A.P.P. for the State, while vehemently opposing the prayer for grant of anticipatory bail to the petitioner, has submitted that the petitioner and other similarly situated persons have procured appointment on the basis of the forged and fabricated documents and, hence, the petitioner should not be granted the privilege of anticipatory bail.
6. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner, above-named, be released on anticipatory bail, in the event of her arrest or surrender before the learned Court below within a period of four weeks from today, on her furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten
3/4 Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Nehra P.S. Case No. 17 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 read with corresponding Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (B.N.S.S.) as well as subject to the following conditions :
(i) One of the bailors of the petitioner shall be her close relative.
(ii) The petitioner shall remain physically present before the learned Court below on each and every date of the trial and shall cooperate in the investigation.
(iii) In case of absence for two consecutive occasions or in violation of the terms of the bail, the bail-bonds of the petitioner will be liable to be cancelled by the concerned learned Court below. (iv) If the petitioner, in future, is found to be involved in similar nature of offence(s), the prosecution shall be at liberty to move for cancellation of her bail-bonds.
(v) The learned Court below shall verify the criminal antecedent of the petitioner and in case, at any stage, it is found that she has concealed her criminal antecedent, the Court below shall take necessary steps for cancellation of her bail-bonds. However, the acceptance of bail-bonds in terms of the above-mentioned order shall not be delayed for
4/4 purpose of or in the name of verification.
7. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J) Praveen-II/- U T