Rani Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 66700 of 2022 Arising Out of PS. Case No.-549 Year-2021 Thana- SIRDALA District- Nawada ====================================================== Rani Kumari D/o Sukhdeo Prasad R/v- Mandal, P.S.- Sirdala, DistrictNawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 25-02-2023 Learned counsel for the petitioner is permitted to remove the defect(s), if any, as pointed out by the office, within a period of four weeks from today.

Heard Mr. Birenda Kumar, learned counsel for the petitioner and Mr. Ajay Mishra, learned APP for the State. The petitioner seeks regular bail, who is in custody in connection with Sirdala P.S. Case No. 549 of 2021, registered for the offences punishable under Sections 420,467,468,471,120(B) of the Indian Penal Code. The prosecution case is based on a written report filed by the informant alleging therein that in the light of the order passed by the Hon'ble Court an enquiry has been conducted with regard to educational certificates of the Block Teachers, including the petitioner, who were appointed in the year 2010.

Patna High Court CR. MISC. No. 66700 of 2022(2) dt.25-02-2023 2/3 In course of enquiry, the academic certificates of the petitioner have been found forge on the basis of which she had secured employment as Block Teacher.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is a lady and in fact she herself is a victim of a crime as she has been cheated by the institution who had issued the academic certificates which have, later on, been found to be forged. He further submits that the petitioner has already punished appropriately as she has been removed from the service and also facing a criminal case apart from the fact that she is in custody since 26.06.2022. He lastly submits that one of the co-accused persons, whose certificates have also been found forge during enquiry has been allowed anticipatory bail by the learned coordinate bench of this Court.

On the other hand, learned APP for the State, while opposing the prayer for bail of the petitioner, submits that the complicity of the petitioner cannot be denied that she secured employment on the basis of forged certificate.

Patna High Court CR. MISC. No. 66700 of 2022(2) dt.25-02-2023 3/3 that the charge-sheet has been submitted and as such there is no chance of tampering with the evidence or intimidate the witnesses, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned J.M. 1st Class, Nawada in connection with Sirdala P.S. Case No. 549 of 2021, subject to the condition that one of the bailors will be the close relative of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.

(ii) She will remain present on each and every date of trial till disposal of the case.

(iii) She will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, her bail bonds will liable to be cancelled.

(Harish Kumar, J) Anjani/- U T