Nitu Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67510 of 2022 Arising Out of PS. Case No.-126 Year-2022 Thana- SARSI District- Purnia ====================================================== NITU KUMARI Wife of Sri Arvind Yadav R/v- Rahika Tola, P.S.- Murliganj, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subodh Prasad, Adv.

For the Opposite Party/s :

Mr. Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 24-01-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends her arrest in connection with Sarsi P.S. Case No. 126 of 2022 registered under Sections 420, 467, 468, 471 and 120B of the Indian Penal Code. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. It is alleged that petitioner has used fake B.T.E.T. marksheet for the purpose of securing appointment as Teacher. Further submission is that similarly situated co-accused person with similar allegation has been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 15.06.2022 passed in Cr. Misc. No. 55623 of 2021.

Having considered the facts and circumstances of the

Patna High Court CR. MISC. No.67510 of 2022(2) dt.24-01-2023 2/2 case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea in connection with Sarsi P.S. Case No. 126 of 2022, subject to the condition as laid down under Section 438(2) of the Cr. P.C. and on the following conditions: (i) In case, it is brought to the notice of the Court below that the petitioner has any criminal antecedent, the learned Court below shall cancel the bail bond of the petitioner after hearing him and getting satisfied that that petitioner has concealed his criminal antecedent despite his knowledge of the same.

(ii) In case, it is brought to the notice of the Court below that statement regarding previous bail petition is wrong, the learned Court below shall cancel the bail bond of the petitioner.

utkarsh/- (Arvind Srivastava, J) U T