Bharti Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75580 of 2023 Arising Out of PS. Case No.-181 Year-2023 Thana- PHULPARAS District- Madhubani ====================================================== BHARTI KUMARI D/O LATE KUSHUM LAL YADAV, W/O SRI UMA SHANKAR YADAV R/O VILLAGE- BAIIRYAHI, WARD NO. 19, BHAPTIAHI, P.S- LAUKHI, DISTT.- MADHUBANI.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

THE BIHAR SANSKRIT EDUCATION BOARD, PATNA THROUGH ITS SECRETARY. BIHAR 3.

THE VIGILANCE INVESTIGATION BUREAU, PATNA, CAMP MADHUBANI. BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amrit Abhijat, Advocate :

Ms. Susmita Kumari, Advocate For the Opposite Party/s :

Mr.Ajay Kumar No. 2, APP For Sanskrit Shiksha Board :

Mr. Satyam Shivam Sundaram, Advocate :

Mr. Chandra Shekhar Kumar Singh, Advocate For Vigilance :

Mr. Arvind Kumar, Spl.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-03-2024 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Phulparas PS case no. 181 of 2023, disclosing offences punishable under Sections 420, 467, 468, 471, 120(B) of the Indian Penal Code.

3.

The allegation against the petitioner is that she was appointed as Panchayat Teacher in Primary School, Bairiyahi, Musahri on the basis of forged and fabricated Madhyama

Patna High Court CR. MISC. No.75580 of 2023(4) dt.05-03-2024 2/3 certificate.

4.

Learned Counsel for the petitioner submits that petitioner had produced the genuine certificate at the time of her appointment and in Papers (vii) and (viii) of the mark-sheet issued by the Bihar Sanskrit Shiksha Board, Patna, the petitioner has been shown to have obtained 47 and 47 marks. He further submits that during investigation of educational certificates of petitioner by the Cabinet Investigation Bureau, the Sanskrit Shiksha Board has wrongly reported that petitioner was absent in the Papers (vii) and (viii), as such, the marks 47-47 shown in the marksheet is forged and fabricated. Learned counsel also submits that petitioner again applied for duplicate certificate and in the duplicate certificate, the petitioner has again been shown to have obtained 47-47 marks in Papers (vii) and (viii). 5.

Learned counsel for Sanskrit Shiksha Board submits that statement of Fact has been received, in which, it has been informed by the Board that certificate submitted by the petitioner showing 47-47 marks in Papers (vii) and (viii) are genuine and the certificate is not forged.

6.

Regard being had to the submissions made on behalf of the parties and taking into consideration the statement of learned counsel for Sanskrit Shiksha Board regarding the

Patna High Court CR. MISC. No.75580 of 2023(4) dt.05-03-2024 3/3 certificate having been genuine, I am inclined to grant the privilege of anticipatory bail to the petitioner. 7.

This application is, accordingly, allowed.

8.

Let petitioner, abovenamed, in the event of her arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Jhanjharpur, Madhubani in connection with Phulparas PS case no. 181 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) rinkee/- U T