Sunita Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63741 of 2022 Arising Out of PS. Case No.-184 Year-2022 Thana- ISLAMPUR District- Nalanda ====================================================== SUNITA KUMARI W/o Dharmendra Sharma, D/o Sadan Sharma R/o Village- Dhekwaha, P.S.- Islampur, Distt- Nalanda(Bihar). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rabindra Prasad Singh, Advocate For the Opposite Party/s :
Mr. Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-05-2023 Heard Mr. Rabindra Prasad Singh, learned counsel for the petitioner and Mr. Ajay Mishra, learned APP who represent the State.
The petitioner apprehends his arrest in connection with Islampur P.S. Case No. 184 of 2022 instituted under Sections 420, 467, 468, 471 and 120(B) lodged on 05.04.2022 by the informant Lal Muhammad.
As per the prosecution story, the informant namely Lal Muhammad the Police Inspector -Cum- Inquiry Officer Vigilance investigation Bureau, Patna Zone Patna submitted a written report to the Thana-in- charge Nalanda Police Station District Nalanda stating therein that in light of the order passed in C.W.J.C No. 15459 of 2014 of the Hon'ble Court, Patna with regard to verification of Certificate in appointment of Teacher
Patna High Court CR. MISC. No.63741 of 2022(4) dt.23-05-2023 2/3 and during the investigation the District Programme Officer (Establishment) Nalanda has found that the Panchayat Teacher posted at Primary School Mirzan Bigha, Block Islampur under Panchayat appointment unit New Dhekwaha in the year 2015. The petitioner has submitted application for appointment of Panchayat teacher in Panchayat Teacher appointment 2015. Accordingly, the FIR.
By way of supplementary affidavit in paragraph 2, it has been informed that the petitioner has resigned effective 17.05.2023.
The case having been lodged ultimately will have to face the music, this Court is inclined to extend her privilege of anticipatory bail.
Let the petitioner be released on bail, in the event of her arrest or surrender before the Sub-ordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each in connection with Islampur P.S. Case No. 184 of 2022 to the satisfaction of learned Additional Cheif Judicial Magistrate, Hilsa (Nalanda), subject to the conditions as laid down under Section 438(2) of the Cr.P.C. with further conditions that:
Patna High Court CR. MISC. No.63741 of 2022(4) dt.23-05-2023 3/3 (i) one of the bailor should be the family member of the petitioner who shall provide official document to show her bona fide;
(ii) the petitioner will make himself available to the police as and when required in course of investigation; (iii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial court itself;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Prakash Narayan/ Sunil U T