Tarannum Khatoon @ Tarranum Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42248 of 2015 Arising Out of PS.Case No. -599 Year- 2013 Thana -KOTWALI District- PATNA ======================================================

1. Tarannum Khatoon @ Tarranum Khatoon Daughter of Manzoor Alam Resident of Suleman Manzil, Pirbahore, P.S. Pirbahore, Distt. - Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhananjaya Nath Tiwari For the Opposite Party/s : Mr. Gajendra Pd.Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-09-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending her arrest in Kotwali P.S.Case No. 599 of 2013 for the offence alleged under Sections 420, 467, 468, 471/34 of the Indian Penal Code, pending in the Court of learned C.J.M., Patna.

The anticipatory bail application of the petitioner was earlier rejected vide order dated 30.04.2015 in Cr. Misc. No.49760 of 2014 with an observation that if the petitioner surrenders in the court below within a period of six weeks and pray for regular bail, the same shall be considered on its own merit without being prejudiced by the order of rejection, preferably on the same day.

Patna High Court Cr.Misc. No.42248 of 2015 (2) dt.16-09-2015 2/3 The aforesaid observation was made considering the fact that the petitioner is a lady and has two minor children. It may be pointed out here that she was not appointed on the post of Teacher nor she caused wrongful loss to the State. It is further submitted that in Civil Writ Jurisdiction Case No. 15459 of 2014 dated 22.06.2015 this Hon'ble High Court had given option to such teachers for making voluntary resignation, who had been appointed on the basis of fake certificate. The said order was operative only for a period of fifteen days and in case if any such person, who had opted for voluntary resignation, in that period, it was directed that no proceeding would be initiated against him either for prosecution or for recovery of the amount already paid. So is not the case of the petitioner as she was not appointed by the State, hence the application of the said order in the case of the petitioner does not arise.

Considering the aforesaid facts and circumstances, the present application made on behalf of the petitioner stands rejected.

Any how, if the petitioner surrenders in the court below within a period of six weeks from the date of receipt/production of a copy of this order and pray for regular bail, same shall be considered sympathetically by the court below

Patna High Court Cr.Misc. No.42248 of 2015 (2) dt.16-09-2015 3/3 keeping in mind that the petitioner is a divorcee lady with two minor children.

(Sudhir Singh, J) singh/- U T