Ram Prabodh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75883 of 2023 Arising Out of PS. Case No.-451 Year-2022 Thana- GORAUL District- Vaishali ====================================================== RAM PRABODH SINGH SON OF SHIV NANDAN SINGH RESIDENT OF VILLAGE- MATHURA CHAK (SULTANPUR PACHKATIYA), PSBIDUPUR, DIST- VAISHALI FORMER PRINCIPAL AT RAJKIYA PRATHMIC VIDYALAYA, RAMPUR, DUMRI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Narain Sinha For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-03-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Goraul (Kathara O.P.) Police Station Case No. 451 of 2022, dated 12.10.2022, disclosing offences punishable under Sections 420/ 467/468/471/34 of the Indian Penal Code.

3. The petitioner is said to have manufactured the school admission register in order to declare one accused, namely, Dharmendra, as a juvenile in connivance with other co-accused persons. The First Information Report has been registered on the basis of written report of Block Education Officer, Chehra Kalan block, alleging that the

Patna High Court CR. MISC. No.75883 of 2023(3) dt.07-03-2024 2/3 petitioner, co-accused Santosh Kumar and the present Principal of the school, namely, Kumari Baijyanti Rai, in connivance with each other, has committed fraud and prepared a forged document of age regarding the accused Dharmendra, whose petition was pending for declaring him as a juvenile before the Juvenile Justice Board. Vaishali, at Hajipur.

4. Learned Counsel for the petitioner submits that the petitioner has been made accused in this case on the basis of false allegation inasmuch as the petitioner was the Headmaster of the school prior to the lodging of the present First Information Report. Co-accused Kumari Baijyanti Rai was the Headmaster at the time First Information Report was lodged. The petitioner is not aware about the preparation of two registers having different dates of birth of accused Dharmendra as nowhere the signature of the petitioner has been found in the registers.

5. On the other hand, learned Additional Public Prosecutor, referring to the case diary, submits that the police, during the course of investigation, has arrived at the finding that the school leaving certificate was issued during the tenure

Patna High Court CR. MISC. No.75883 of 2023(3) dt.07-03-2024 3/3 of the petitioner as the Headmaster of the school. At the time, when school leaving certificate was issued having the wrong date of birth and correspondingly two registers were prepared, the petitioner was holding the post of Headmaster.

6. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the police investigation report and the prima facie finding arrived at by the police that the petitioner, being the Headmaster of the school, was responsible for issuance of forged school leaving certificate of the accused Dharmendra, having incorrect date of birth, I am not inclined to grant the petitioner privilege of anticipatory bail.

7. This application is, accordingly, dismissed. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √