Bindu Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52073 of 2018 Arising Out of PS. Case No.-6 Year-2018 Thana- NARDIGANJ District- Nawada ====================================================== Bindu Kumari D/o Suryadeo Singh, R/o Mohalla Garh Per, P.S. + DistrictNawada. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun Kumar No. 1 For the Opposite Party/s :
Mr. Sri Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-09-2018 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Nardiganj P.S. Case No.06 of 2018, disclosing offences under Sections 420, 467, 468, 471 and 120B of the Indian Penal Code.
The petitioner was appointed as Panchayat Teacher. With the allegation that her appointment was based on forged documents, the F.I.R. has been lodged. Similar allegation is there against twelve other persons who were appointed as Panchayat Teachers.
Drawing my attention to the First Information Report, learned counsel appearing on behalf of the petitioner submits that a letter written by the District Programme Officer (Establishment), dated 15.12.2017 and another letter of the District Magistrate dated 08.01.2018 is
Patna High Court Cr.Misc. No.52073 of 2018(2) dt.28-09-2018 2/3 the basis for registration of the F.I.R. but the said letters do not form part of the First Information Report. It transpires from the First Information Report that the petitioner and others allegedly secured appointment on the basis of forged Teacher Eligibility Certificates.
Learned counsel appearing on behalf of the petitioner submits that no purpose would be served, if the petitioner is taken into custody since he is ready to present herself before the Police or the Court as and when required. He contends that there is no chance of the petitioner fleeing from the course of the investigation or trial. Considering the facts and circumstances of the case and the submissions advanced on behalf of the petitioner, this application is allowed.
Let the petitioner above named in the event of her arrest/surrender within six weeks from today in the Court below, 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 the learned Chief Judicial Magistrate, Nawada in Nardiganj P.S. Case No.06 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioner shall present herself before the Police/Court, as the case may be, as and when required and in the event of failure on her part to
Patna High Court Cr.Misc. No.52073 of 2018(2) dt.28-09-2018 3/3 appear before the Court on two consecutive occasions, her bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) arun/Rajan U T