Sipi Kumari @ Silpi Kumari @ Sipal Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65532 of 2023 Arising Out of PS. Case No.-109 Year-2015 Thana- SUPAUL District- Supaul ====================================================== Sipi Kumari @ Silpi Kumari @ Sipal Kumari D/O Kulanand Yadav, W/O Manish Kumar R/O Village- Reshna, Ps. Gwalpara, Distt. Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shambhu Sharan Kumar, Adv.
For the Opposite Party/s :
Mr.Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Supaul P.S. Case No. 109 of 2015 dated 11.03.2015, instituted for the offence punishable under Sections 467,468,469,471 and 120B/34 of the Indian Penal Code.
3. The prosecution case in short is that the informant, who is Member Secretary, Panchayat Teacher Niyojan Unit, Supaul, alleged that on 11-03-2015, an application was called for from BETET pass applicants and a merit list was prepared and was sent for verification to the District Education Officer, Supaul, but he reported that the candidates of serial no. 1 to 67 have not passed BETET, thereafter the present FIR has been lodged.
Patna High Court CR. MISC. No.65532 of 2023(2) dt.07-11-2023 2/3
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. It is further submitted that the petitioner was one of the applying candidate for the post of Panchayat Teacher (trained) in Goth Baruari Panchayat Schools with trained certificate of BETET. She has not appointed against the said post. It is next submitted that the petitioner had applied for trained teacher with her educational testimonials and the name of the petitioner has placed at serial no. 38 of the merit list prepared by the Employment Unit concerned. It is further submitted that similarly situated persons have been granted the privilege of anticipatory bail by Co-ordinate benches of this Court vide orders dated 03-02-2016 and 23-08-2023 passed in Cr. Misc. Nos. 48660 of 2015 and 51034 of 2023 respectively. The petitioner has no criminal antecedent, as per statement made in para 3 of the bail petition.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender before the learned Court below within six weeks from today, the petitioner be released on bail upon
Patna High Court CR. MISC. No.65532 of 2023(2) dt.07-11-2023 3/3 furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM Supaul, in connection with Supaul PS Case No. 109 of 2015, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Khatim Reza, J) shyambihari/- U T