Rinku Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76604 of 2023 Arising Out of PS. Case No.-328 Year-2022 Thana- RUPAULI District- Purnia ====================================================== Rinku Kumari Wife Of Late Balmiki Sharma, Daughter of Chandeshwari Mishra, Resident Of Village- Nagrah, P.S.- Naugachhia, District- Bhagalpur. ... ... Petitioner/S

Versus

1.

The State Of Bihar 2.

The Inspector Of Police-Cum-Inquiry Officer, Vigilance Investigation Bureau Bihar At Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Rupauli (Mohanpur) P.S. Case No. 328 of 2022 dated 13.11.2022 instituted for the offence punishable under Sections 420, 467, 468, 471, 120B of the Indian Penal Code.

3. The allegation against the petitioner is that she got appointed as a Panchayat teacher in 2014 on the basis of forged and fabricated BETET Mark Sheet.

4. Learned counsel for the petitioners submits that the petitioner is innocent and she has been falsely implicated in this case. It is further submitted that pursuant to the order of this

Patna High Court CR. MISC. No.76604 of 2023(2) dt.29-11-2023 2/3 Court, an inquiry has been conducted by the Vigilance Department, Bihar and several persons are found guilty. It is further submitted that the petitioner has been engaged as teacher in Primary Vidyalay Arazi Khalsa, Panchayat Nathpur, Block Rupauli, District Purnea in 2014, but she did not get any money from the government as salary. Learned counsel for the petitioner submits that without any show cause or explanation, the petitioner has been made accused in this case only on the basis of enquiry. Learned counsel for the petitioner further submits that similarly situated accused person, namely, Sarita Kumari, has been granted anticipatory bail in connection with Rupauli P.S. Case No. 278 of 2022, vide order date 11.07.2023 passed by a coordinate Bench of this Court in Criminal Miscellaneous No. 22367 of 2023. Learned counsel for the petitioner submits that petitioner is lady who is widow. Lastly, it has been submitted that petitioner has no criminal antecedent.

5. Learned A.P.P. has opposed the prayer for anticipatory bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Rupauli (Mohanpur)

Patna High Court CR. MISC. No.76604 of 2023(2) dt.29-11-2023 3/3 P.S. Case No. 328 of 2022, she will be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Purnea subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Khatim Reza, J) premchand/- U T