Pooja Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60636 of 2019 Arising Out of PS. Case No.-276 Year-2019 Thana- NAUBATPUR District- Patna ====================================================== Pooja Kumari W/o Mantu Kumar , D/o Suresh Verma @ Ram Naresh Mehta, Resident of Village - Bhagwatipur, P.S.- Bihta, Dist.- Patna, Presently residing at Village Jaitipur, P.S.- Naubatpur, Dist.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-10-2019 Heard both sides.

The petitioner apprehends her arrest in Naubatpur P.S. Case No.276 of 2019 registered under Sections 467, 468, 471, 420, 406, 120B of the Indian Penal Code.

The informant, C.D.P.O., Naubatpur lodged the case alleging therein that the petitioner got her appointment on the post of Anganbari Sevika on the basis of a forged matriculation certificate.

The learned counsel for the petitioner submits that one Vibha Kumari lodged the complaint and she also filed CWJC No.7286 of 2018 and the aforesaid writ petition was disposed of on 27.04.2018 with a direction to the C.D.P.O., Naubatpur to hold an inquiry and pass reasoned order. Thereafter, C.D.P.O.

Patna High Court CR. MISC. No.60636 of 2019(2) dt.16-10-2019 2/3 held inquiry and she found that the certificate on the basis of which Pooja Kumari was appointed on the post of Anganbari Sevika was genuine but even thereafter the informant who later on joined on the post of C.D.P.O. lodged the case without verifying the certificate of the petitioner.

It appears that the petitioner presented the certificate of B.S.E.B. on the basis of which she was appointed on the post of Anganbari Sevika. The same certificate was verified from B.S.E.B. and the same was found to be genuine but later on, on the basis of the fact that another certificate was produced by Vibha Kumari, the present case was registered without making any further inquiry with regard to genuineness of the certificate submitted by the petitioner on the basis of which the petitioner was appointed.

Taking into consideration the facts aforesaid, 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 of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-II, Danapur in connection with Naubatpur P.S. Case No.276 of 2019, subject to the

Patna High Court CR. MISC. No.60636 of 2019(2) dt.16-10-2019 3/3 conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T