Rekha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69657 of 2019 Arising Out of PS. Case No.-546 Year-2018 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== REKHA KUMARI D/o Sudershan Jha, Wife of Vinod Mishra Resident of Village - Tara Jiwar, P.S.- Hathaudi, Distt - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrityunjay Kumar, Adv.

For the Opposite Party/s :

Mr.Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 12-10-2020 Heard learned counsel appearing for petitioner as well as learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner apprehends her arrest in connection with Runni Saidpur P.S. Case No.546/2018 registered for the offences punishable under Sections 467, 468, 471, 420, 120B/34 of the IPC. Petitioner happens to be a teacher and the accusation against her is that at the time of appointment, she produced forged document, however learned counsel of the petitioner points out that during verification of the document, the same were found genuine and the aforesaid facts is evident from the annexures annexed to the petition. He also drew my attention towards para-62 of the case diary in which the investigating officer, namely, ASI Birbal Prasad has mentioned that the offence is not being established against the petitioner. However, para-45 of the case diary goes to show that

Patna High Court CR. MISC. No.69657 of 2019(7) dt.12-10-2020 2/2 Superintendent of police found the case true against the petitioner. It surprising enough that even after issuance of supervision note by Superintendent of Police, the concerned investigating officer gave his opinion contrary to the supervision note of Superintendent of Police. Considering the aforesaid facts as well as submissions of the parties, let petitioners, in the event of their arrest/surrender within six weeks from the date of receipt of this order to the Court concerned, shall be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) within two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi or his successor in connection with Runni Saidpur P.S. Case No.546/2018, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

Let a copy of this order be sent to Superintendent of Police, Sitamarhi for needful.

(Hemant Kumar Srivastava, J) Prakash Narayan /- U T