Geeta Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67960 of 2024 Arising Out of PS. Case No.-43 Year-2022 Thana- BAKHARI District- Begusarai ====================================================== GEETA DEVI WIFE OF RAM PRAVESH MAHTO R/O- WARD NO.- 20 MAKHA CHAK, NAGAR PARISHAD, BAKHRI, P.S.- BAKHRI DIST.- BEGUSARAI ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

VIGILANCE INVESTIGATION BUREAU, GOVT. OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Sri Yogesh Chandra Verma, Sr. Advocate Sri Anuj Kumar, Advocate For the Opposite Party/s :

Sri Ajay Mishra, A.P.P.

Sri Arvind Kumar, Spl.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-10-2024

1. Heard learned Senior counsel for the petitioner, learned A.P.P. for the State and learned Spl.P.P. for the Vigilance.

2. The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 409, 420, 467, 468, 471 and 120(B) of the Indian Penal Code.

3. Learned Senior Counsel for the petitioner submits that petitioner has antecedent of seven cases and is a woman.

4. Learned Senior Counsel for the petitioner submits that petitioner is not named in the FIR and the informant alleges that on verification of the educational certificate of Laxmi Kumari, a contractual teacher, it transpired that her appointment as contractual teacher was based on forged certificate and

Patna High Court CR. MISC. No.67960 of 2024(2) dt.05-10-2024 2/3 petitioner being the Chief Councillor of the Nagar Parishad Bakhri came to be implicated in the instant case based on her name figuring in the supervision report on the ground that she was head of the Appointment Committee. Learned Senior Counsel submits that role of the petitioner as head of the Appointment Committee is formal in nature as the entire process of appointment is carried by the Member Secretary. It is further submitted that it is not the duty of the head of the Appointment Committee to get the certificates enquired. It is next submitted that no doubt, the petitioner has antecedent of seven cases but all seven cases have been instituted in the nature of allegation as alleged in the instant FIR.

5. Learned A.P.P. for the State and the learned Spl.P.P. for the Vigilance opposed the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned Senior Counsel for the petitioner, let the petitioner abovenamed, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where

Patna High Court CR. MISC. No.67960 of 2024(2) dt.05-10-2024 3/3 the case is pending/successor court in connection with Bakhri P.S. Case No. 43 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T