Rinku Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74640 of 2025 Arising Out of PS. Case No.-423 Year-2023 Thana- GHORASAHAN District- East Champaran ====================================================== Rinku Kumari D/O Devnandan Prasad Yadav Resident of Village- Barwa Kala, Post- Jhanjhara, P.S.- Ghorasahan, Distt.- East Champaran, Bihar845303. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Vigilance Investigation Bureau, Bihar, Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ankesh Kumar Sinha, Advocate For the State :

Mr.Umesh Lal Verma, APP For the Vigilance :

Mr.Arvind Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-11-2025 Heard Mr. Ankesh Kumar Sinha, learned counsel for the petitioner, Mr. Arvind Kumar, learned counsel for the Vigilance Investigation Bureau, Bihar, Patna and Mr. Umesh Lal Verma, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending her arrest in connection with Ghorasahan P.S. Case No. 423 of 2023, F.I.R. dated 16.07.2023 for the offences punishable under Sections 467, 468, 471, 420, 120(B) of the Indian Penal Code.

3. As per the prosecution case, a complaint (Letter No. 7490, dated 14.07.2023) was registered by an informant named Gopal Krishna from the Vigilance Investigation Bureau, Bihar, Patna. He requested the Ghorasahan Station House Officer to

2/4 file an FIR against the petitioner. The complaint states that following a Patna High Court order from 2014, the Vigilance Bureau investigated teachers' educational certificates. During verification of documents in East Chamaparan (Motihari) district, they discovered that Rinku Kumari (the petitioner), a contractual teacher at Utkramit Madhya Vidyalaya, Barwakala, was appointed in 2008. She had applied for the teaching position using an intermediate certificate from Assam Higher Secondary Education Council Guwahati-21 issued in 1995. When this certificate was verified, it was found to be fake.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and she has falsely been implicated in the present case. The allegations as alleged in the FIR are false and fabricated and the petitioner has not committed any offence as alleged in the FIR. In light of the order passed by the Patna High Court in CWJC No. 15459 of 2014, the Vigilance Investigation Bureau has registered a Vigilance Enquiry No. BS 08/2015, the present FIR was instituted against the petitioner and other similarly situated persons with respect to verification of certificate of all the teachers who were appointed from 2006 to 2015. Learned counsel for the petitioner submits that as per FIR, the allegation

3/4 against the petitioner is that she has furnished the false certificate of intermediate course. Learned counsel for the petitioner submits that she has furnished all the certificates which she has received from the competent board/ university at the time of her appointment and the present FIR instituted after 15 years of the appointment of the petitioner and after lodging the present FIR, she has resigned from the post in question on 17.09.2025 and the Block Investigation Officer, Ghorasahan, East Champaran has also accepted resignation of the petitioner.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances, petitioner has clean antecedent and she has resigned from the post in question after lodging the present FIR, let the petitioner, above named, in the event of 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 A.C.J.M., Sikrahana, East Champaran, Motihari in connection with Ghorasahan P.S. Case No. 423 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section

4/4 482(2) of the Bhartiya Nagarik Suraksha Sanhita 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 antecedents 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 bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) tusharika/- U T