Dejee Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74047 of 2022 Arising Out of PS. Case No.-361 Year-2021 Thana- KALYANPUR District- Samastipur ====================================================== Dejee Kumari Wife of Sri Uma Shankar Thakur Resident of Ward No.- 13, Bhuidhara (Anand Nagar), P.S.- Samastipur Muffasil, District - Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Deputy Superintendent of Police, Vigilance Investigation Bureau, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anirudh Kumar Sinha, Advocate For the State :

Mr.Ajay Mishra, APP For the Vigilance : Mr. Arvind Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the Vigilance. The petitioner in the present case is seeking pre-arrest bail in connection with Kalyanpur P.S. Case No.361 of 2021 registered for the offences punishable under Sections 420, 467, 468, 471 and 120B of the Indian Penal Code. She has no criminal antecedent.

As per the prosecution story, the allegation against the petitioners is that she had obtained employment on the post of Panchayat Teacher on the basis of forged certificates. Learned counsel for the petitioner submits that petitioner has already been terminated from the post of

Patna High Court CR. MISC. No.74047 of 2022(2) dt.29-04-2023 2/3 Panchayat Teacher and similarly situated persons have been granted privilege of anticipatory bail.

Learned counsel for the Vigilance as well as learned APP for the State have opposed the prayer for anticipatory bail of the petitioner.

Having regard to the facts and circumstances of the case, considering that the petitioner has already been terminated from the post of Panchayat Teacher and it is the submission of learned counsel for the petitioner that similarly situated persons have been granted privilege of anticipatory bail, this Court directs release of the petitioner above named on bail in the event of her arrest or surrender within a period of four weeks from today in connection with Kalyanpur P.S. Case No.361 of 2021 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VIth, Samastipur, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail

Patna High Court CR. MISC. No.74047 of 2022(2) dt.29-04-2023 3/3 bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. This application stands allowed.

(Rajeev Ranjan Prasad, J) arvind/- U T