Chandra Lata Devi v. The State Of Bihar, Through Vigilance Department
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62958 of 2023 Arising Out of PS. Case No.-95 Year-2023 Thana- LAUKAHA District- Madhubani ====================================================== CHANDRA LATA DEVI Wife of Manoj Kumar Resident of Village and PostChaturbhuj Piprahi, P.S.-Laukaha, District-Madhubani, presently post as Niyojit Panchayat Teacher at New Primary School, Lalji Sah Tol, Chaturbhuj Piprahi, Block-Khutana, District-Madhubani.
... ... Petitioner/s
Versus
The State of Bihar, through Vigilance Department Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Kumar Bharti, Advocate.
For the Vigilance :
Mr. Arvind Kumar, Advocate, Law Officer, Vigilance.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-10-2023 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the Vigilance.
2. The petitioner apprehends her arrest in a case registered for the offence punishable under Sections 420, 467, 468 471 and 120-B of the Indian Penal Code.
3. The prosecution case is brief is that the informant who is Police Inspector cum Investigating Officer, Vigilance Department, gave his written report before the Officer Incharge, Laukaha Police Station that in a Public Interest Litigation bearing CWJC No. 15459 of 2014, in the light of order passed by the Hon'ble Patna High Court, the vigilance department registered a case and investigating
Patna High Court CR. MISC. No.62958 of 2023(2) dt.17-10-2023 2/3 the certificates of education and professional as well as other documents in each and every districts. The allegation against the petitioner is that she gave her joining on the post of Panchayat Teacher under Panchayat Chaturbhuj Piprahi in the year 2010 and on 13.8.2010 she was working on the post of Panchayat teacher in New Primary School, Lalji Sah Tol, Chaturbhuj Piprahi, Block - Khutauna, but during amnesty period she has not given her resignation. It has further been alleged that the experience certificate of the petitioner was verified from the office of District Public Education Officer, Madhubani of year 2008 vide Memo No. 169 dated 31.10.2008 and from the letter No. 2 dated 3.1.2023 of the District Education Officer it appears that the said experience certificate had been issued in the name of Raghwendra Kumar Jha seems to be a fake certificate. The allegation against the petitioner is that the petitioner committed a forge act and submitted a fake experience certificate at the time of her appointment.
4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. The petitioner has no criminal antecedents which is mentioned in paragraph-3 of the bail application. The allegation against the petitioner is that she obtained the post of Panchayat Teacher on
Patna High Court CR. MISC. No.62958 of 2023(2) dt.17-10-2023 3/3 the basis of forged experience certificate. Learned counsel next submits that vide Memo No. 54 dated 11.8.2023 issued by Panchayat Niyojan Ikayee-cum-Sah Sadasya Sacheev, Gram Panchayat Raj, Chaturbhuj, Piprahi, the services of the petitioner has been terminated.
5. Considering the facts and circumstances of the case that the petitioner has already dismissed from the service, I am inclined to grant anticipatory bail to the petitioner.
6. Accordingly this application is allowed. Let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/successor Court in connection with Laukaha P.S. Case No. 95 of 2023, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Anjani Kumar Sharan, J) S.Ali/- U T