Smt. Manorma Kumari @ Manorma Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64199 of 2019 Arising Out of PS. Case No.-34 Year-2019 Thana- BANSHI District- Jehanabad ====================================================== SMT. MANORMA KUMARI @ MANORMA KUMARI D/o Mosafir Singh Resident of Village - Sitalbigha, P.S.- Obra, Distt.- Aurangabad. ... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. N.K. Agrawal, Senior Advocate.

Mr. Ram Sewak Prasad, Advocate.

For the State :

Mr. Ajay Mishra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-10-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends her arrest in connection with Bansi P.S. Case No.34 of 2019 registered under Sections 420, 467, 468, 471, 419 and 120(B) of the Indian Penal Code. The accusation is that in the light of the order passed in Public Interest Litigation Case No.15459 of 2019 by this Court, inquiry with regard to the appointment of Panchayat Teachers was started. In that course, the Mark-sheet of Madhyama of Manorma Kumari (petitioner), Panchayat Teacher of Upgraded Middle School, Batan Bigha, Mali Panchayat, Block-Banshi, District-Arwal, was verified by the Bihar Sanskrit Shiksha Board, Patna, in which the date of birth of the

Patna High Court CR. MISC. No.64199 of 2019(2) dt.22-10-2019 2/3 petitioner was found different. Thereafter, the petitioner was informed to appear before the Vigilance Team at Arwal with original documents on 31.08.2018, then the petitioner gave an application that after getting her date of birth corrected within 15 days in her certificates, she will submit the same after its attestation by the B.E.O. Accordingly, the petitioner with an application dated 18.10.2018 submitted the attested copies of original certificates and on perusing of the same, it appeared that in the certificate submitted by the petitioner, the year was overwritten as '1974' by making interpolation. Thereafter, the certificate of the petitioner was again sent to the Board for verification, from where, on its verification, it was informed that her date of birth is detailed in the record as 12.01.1970. As such, the petitioner with a view to remain in service for more four years, committed forgery, inserting the year 1974 in place of 1970 in her certificate.

Learned counsel for the petitioner submits that it would appear from the F.I.R. that in course of inquiry, it was not detected that the marks obtained by the petitioner were interpolated in the mark-sheet rather it is alleged that the date of birth of the petitioner was mentioned in the mark-sheet as 12.01.1974, while in Board document, the date of birth of the

Patna High Court CR. MISC. No.64199 of 2019(2) dt.22-10-2019 3/3 petitioner is 12.01.1970. The petitioner, who is lady, has no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of her arrest or surrender by her within six weeks from today, be enlarged on bail on her furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Krishna Kumar Chaudhary, Additional Chief Judicial Magistrate-I, Arwal, in connection with Bansi P.S. Case No.34 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T