Suman Kumari v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44919 of 2017 Arising Out of PS.Case No. -67 Year- 2017 Thana -MASRAKH District- SARAN ======================================================
1. Suman Kumari S/o Gautam Kumar Mishra, R/o Village- Harpurjan, P.S.- Mashrakh, District- Saran at Chapra, presently posted as Assistant Teacher, New Primary School, Karn Kudariya Dih Tola, P.S.- Mashrakh, DistrictSaran at Chapra. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. The Superintendent of Police, Vigilance, North Bihar, Muzaffarpur. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Binod Singh For the Opposite Party/s : Mr. Sri Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-10-2017 Heard learned counsel for the petitioner and the State. The petitioner is apprehending her arrest in a case registered under Sections 419, 420, 409, 467, 468, 471, 201 and 120(B) of the Indian Penal Code and Section13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988. It has been submitted on behalf of the petitioner that in the process of selection of Panchayat Teachers in Gram Panchayat of Chand Kudariya, petitioner submitted her application in prescribed performa. Final merit list was prepared after obtaining the application form from the candidates and it was sent to the office of District Education Officer and the final list was compared with the CD, provided by the Education Department of
Patna High Court Cr.Misc. No.44919 of 2017 (3) dt.09-10-2017 2/3 TET examination. After verification, the approval was granted by District Education Officer vide Letter No. 4603 dated 01.09.2013 and thereupon, appointments letters were issued to the teachers. During matching of CD, provided by the Education Department, certain discrepancies were detected with regard to some of the candidates, which were also pointed out by the District Education Officer. It has been further submitted that other co-accused with similar allegation, have already been granted anticipatory bail by this Court vide order dated 01.09.2017 passed in Cr. Misc. No. 40091 of 2017 and order dated 21.09.2017 passed in Cr. Misc. No.40248 of 2017.
Considering the aforesaid facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. Let the above named petitioner, in the event of her arrest/surrender in the court below within a period of six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/( ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilanmce, North Bihar, Muzaffarpur, in Special Case no. 13 of 2017 (Mashrakh P.S.Case No. 67 of 2017),subject to the conditions as laid down u/s 438(2) Cr.P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court
Patna High Court Cr.Misc. No.44919 of 2017 (3) dt.09-10-2017 3/3 concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bonds of the petitioner and (3) if petitioner tampers with the evidence or with witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Sanjay Priya, J) singh/- U T