Sima Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74099 of 2025 Arising Out of PS. Case No.-572 Year-2024 Thana- SUGAULI District- East Champaran ====================================================== Sima Kumari D/O Upendra Sahani R/O Bhawanipuir, P.S.- Sugauli, DistrictEast Champaran, Motihari ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The Vigilance Department of Bihar, Patna Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar, Advocate For the Opposite Party/s :
Mr. Nitya Nand Tiwary, APP For the Vigilance :
Mr. Arvind Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-11-2025 Heard Mr. Rajesh Kumar, learned counsel for the petitioner, Mr. Arvind Kumar, learned counsel for the Vigilance and Mr. Nitya Nand Tiwary, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending her arrest in connection with Sugauli P.S. Case No. 572 of 2024, F.I.R. dated 27.12.2024 for the offences punishable under Sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code.
3. According to prosecution case, the petitioner has produced fake result card of BETET-2011 in order to wrongfully gain the benefit of government job.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and she has falsely been implicated in the present case. He further submits that the
Patna High Court CR. MISC. No.74099 of 2025(2) dt.17-11-2025 2/3 present F.I.R has been instituted in compliance of the order passed in CWJC No. 15459 of 2014 where it has been directed to verify the genuineness of the educational certificate of the employed teachers since 2006 to 2015. He further submits that the petitioner has submitted her documents as provided by the competent Board/University and as per the allegation in the F.I.R the certificate of the BETET-2011 which was proudced by the petitioner was found to be fake. He further submits that after institution of the present F.I.R, the petitioner has resigned from the post in question on 12.09.2025.
5. Learned Additional Public Prosecutor as well as learned counsel for the Vigilance have vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances that the petitioner has clean antecedent and she has resgined from the post in question after lodging of the present F.I.R, let the petitioner, above named, in the event of her arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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, Motihari, East Champaran in
Patna High Court CR. MISC. No.74099 of 2025(2) dt.17-11-2025 3/3 connection with Sugauli P.S. Case No. 572 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on her absence on two consecutive dates without sufficient reason, her bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Vanisha/- U T