Pawan Kumari v. The State Of Bihar Through The L/O Incharge Vigilance, Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11178 of 2018 Arising Out of PS.Case No. -131 Year- 2017 Thana -BHAGWANPUR District- BEGUSARAI ====================================================== Pawan Kumari, D/o Dwarika Paswan, W/o Pavan Kumar Sudhanshu, Resident of Village- Rajwara, P.S.- Brauni, District- Begusarai. .... .... Petitioner/s

Versus

The State of Bihar through the L/o Incharge Vigilance, Bihar, Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sadanand Paswan, Advocate. For the Vigilance Mr. Rama Kant Sharma, Sr. Advocate Mr. Rabindra Kumar, AC to Vigilance L/O ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-03-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends her arrest in Bhagwanpur P.S. Case No.131 of 2017 instituted for the offence under Sections 467, 468, 471, 420 and 120(B)/34 of the Indian Penal Code.

It is alleged in the written report that petitioner has got appointment on the basis of forged certificate issued in the name of Pawan Kumari, father's name Dwarika Paswan, but on verification, the name of candidate was found as Pawan Kumar Prakash, father's name Om Prakash.

Learned counsel for the petitioner has submitted that after verification of certificate, she has already been dismissed

Patna High Court Cr.Misc. No.11178 of 2018 (2) dt.07-03-2018 2/3 from service during pendency of the present case. It has further been submitted that she was discharging her duty since 2012 but no salary was paid to her.

Learned counsel for the petitioner has submitted that co-accused Khushboo Kumari with similar allegation has already been granted anticipatory bail by a coordinate Bench of this Court vide order dated 02.02.2018 passed in Cr. Misc. 5142 of 2018. Learned counsel for the Vigilance has appeared and opposed the prayer for anticipatory bail of the petitioner. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Bhagwanpur P.S. Case No. 131 of 2017, she shall be released on anticipatory bail on furnishing bail bond of Rs.

10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

Patna High Court Cr.Misc. No.11178 of 2018 (2) dt.07-03-2018 3/3 consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.Ali/- U T