Patna High CourtCR. MISC./66232/2023bail granted

Soumya Suman v. The State Of Bihar

2023-10-18Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66232 of 2023 Arising Out of PS. Case No.-68 Year-2023 Thana- KARANDAY District- Sheikhpura ====================================================== Soumya Suman, Aged about 31 years, Female, Daughter Of Brijnandan Prasad, Resident Of Village - Bhsoi, Police Station - Chainpur, District - Kaimur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bipin Kumar, Advocate For the Opposite Party/s :

Mr. Ajay Mishra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 18-10-2023 Heard Mr. Bipin Kumar, learned counsel appearing on behalf of the petitioner and Mr. Ajay Mishra, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Karandey P.S. Case No. 68 of 2023 dated 22.07.2023 registered for the offence punishable under Sections 420, 467, 471 and 120(B) of the Indian Penal Code.

3. Allegation is of appointment of the petitioner having been made on the post of Panchayat teacher on the basis of forged and fabricated certificate.

4. Learned counsel appearing on behalf of the petitioner submitted that after having tendered resignation by the petitioner, she has been dismissed from service. Teachers

Patna High Court CR. MISC. No.66232 of 2023(2) dt.18-10-2023 2/3 who were appointed on fake degree have been released on bail once their resignation has been accepted by the appropriate authority. On these grounds, petitioner seeks to be released on bail.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the aforesaid facts as well as the fact that all the teachers who were appointed on fake degree have been released on bail once their resignation has been accepted by the appropriate authority. I am of the opinion that petitioner has prima facie made out a case to be released on bail.

7. The Court below is directed to release the petitioner on pre-arrest bail in case the petitioner furnishes the resignation letter or any order relating to his termination from the service. The Court below must verify such documents if furnished on behalf of the petitioner that they are genuine and duly issued by the authorities having jurisdiction.

8. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of her arrest or surrender before the Court below within a period of four 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

Patna High Court CR. MISC. No.66232 of 2023(2) dt.18-10-2023 3/3 satisfaction of learned Judicial Magistrate-1st Class, Sheikhpura in connection with Karandey P.S. Case No. 68 of 2023 dated 22.07.2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) Niraj/- U T