Rekha Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64689 of 2023 Arising Out of PS. Case No.-45, Year-2023, Thana- Chewara, District- Sheikhpura ====================================================== Rekha Kumari, Wife Of Satyanarayana Singh, Resident Of Village- Girihinda, P.S.- Sheikhpura, Distt- Sheikhpura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ansul, Advocate Mr. Shyam Kishore, Advocate For the Opposite Party/s :
Mr. Anil Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 19-10-2023 Heard Mr. Anshul, learned counsel appearing on behalf of the petitioner and Mr. Anil Kumar, learned Additional Public Prosecutor for the State.
2. The petitioner apprehends her arrest in connection with Chewara P.S. Case No. 45 of 2023, registered for the offences punishable under Sections 420, 467, 468, 471, 120-B and 34 of the Indian Penal Code.
3. The allegation against the petitioner is of obtaining appointment on the post of untrained Block Teacher on the basis of forged and fabricated certificate of Intermediate issued from Madhyamik Shiksha Parishad, Delhi. It is further alleged that verification has been done pursuant to the direction of this Court in C.W.J.C No. 15459 of 2014 and on being found the certificate
Patna High Court CR. MISC. No.64689 of 2023(2) dt.19-10-2023 2/3 forged, the present case has been instituted.
4. It is submitted on behalf of the petitioner that the petitioner is herself a victim of the circumstances, as the petitioner has pursued the intermediate course bonafidely and after having passed the examination, the result was issued and on the basis thereof she secured the appointment. He further submits that before lodging of the F.I.R., neither the petitioner has been asked to place her case, nor during the course of inquiry any show-cause has been issued to her. Moreover, the petitioner has been already appropriately punished, as she has been dispensed with from her services. He lastly submits that the petitioner is a lady, having fair antecedent, and other coaccused persons, having identical allegation, have been allowed the privilege of anticipatory bail.
5. On the other hand, learned counsel for the State opposed the pre-arrest bail application and submits that the certificate of the petitioner has been found forged and her complicity cannot be denied.
6. Regard being had to the submissions made on behalf of the parties and considering the fact that the petitioner has already tendered her resignation on 13.06.2023. That apart, she bears fair antecedent and undertakes before this Court that
Patna High Court CR. MISC. No.64689 of 2023(2) dt.19-10-2023 3/3 she will fully cooperate in the investigation and in the proceeding of the Court, let the petitioner, abovenamed, be released on bail, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Shiekhpura in connection with Chewara P.S. Case No. 45 of 2023, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner. (Harish Kumar, J) supratim/- U T