Pinki Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77227 of 2024 Arising Out of PS. Case No.-225 Year-2024 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Pinki Kumari W/o Alok Kumar Resident of Dharmpur, P.S Mirganj, Distt.- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vyas Kumar Mishra For the Opposite Party/s :

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-11-2024

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 Baikunthpur Police Station Case No. 225 of 2024, dated 07.07.2024, disclosing offences punishable under Sections 336)3)/338/318(4) of the Bhartiya Nyaya Sanhita, 2023 and Section 10 of the Bihar Conduct of Examination Act.

3. The prosecution case, as per the First Information Report, is that one Aradhana Kumari was impersonating as an examinee in place of the petitioner in CTET Examination and was arrested by the Invigilator when thumb

Patna High Court CR. MISC. No.77227 of 2024(2) dt.20-11-2024 2/3 impression of the appearing candidate Aradhana Kumari did not match with the thumb impression of the examinee, i.e. the petitioner.

4. Learned Counsel for the petitioner submits that the petitioner is a student and did not take the examination due to illness. She was not aware that one Aradhana Kumari, who is the resident of Baliya impersonated the petitioner in the CTET Examination.

5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that the allegation against the petitioner is based upon documents and custodial interrogation of the petitioner may not be required, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, 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 Judicial Magistrate, 1st Class, Gopalganj, in connection with Baikunthpur Police Station Case No. 225 of 2024,

Patna High Court CR. MISC. No.77227 of 2024(2) dt.20-11-2024 3/3 subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √