Punita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79272 of 2023 Arising Out of PS. Case No.-154 Year-2022 Thana- ANDHRAMATH District- Madhubani ====================================================== Punita Kumari Wife of Manoj Paswan R/o Village- Laukahi, P.O.- Laukahi, P.S.- Laukahi, Jhauri, District- Madhubani ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Shashi Bhushan Kumar, Advocate For the Opposite Party/s :

Mr. Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 18-01-2024 Learned counsel for the petitioner seeks permission to make corrections in paragraph '6' and in the prayer portion.

2. Permission is granted.

3. Heard learned counsel for the petitioner and learned APP for the State.

4. The petitioner in the present case is seeking prearrest bail in connection with Andhramath P.S. Case No. 154 of 2022 registered for the offences punishable under Sections 420, 467, 468, 471 and 120B of the Indian Penal Code. She has got no criminal antecedent.

5. As per the prosecution story, the informant was deputed to verify the educational certificates of Panchayat Teachers for the Madhubani District and upon verification of the certificate and marksheet provided by the petitioner, the same have been found to be forged and fabricated. It is alleged that

Patna High Court CR. MISC. No.79272 of 2023(2) dt.18-01-2024 2/3 during verification, the Bihar Sanskrit Shiksha Board has reported that the Madhyama certificate and marksheet provided by the petitioner for verification are fake.

6. Learned counsel for the petitioner submits that the petitioner was appointed as Panchayat Teacher in the year 2019 on the basis of Intermediate certificate issued by the Bihar School Examination Board. It is submitted that she had passed the Madhyama Examination from Bihar Sanskrit Shiksha Board, Patna and the certificate was handed over to her by the headmaster Puna Devi, Sanskrit Kanya Uchhvidyala, Narahiya Bazar, Madhubani. It is submitted that on the basis of the said Madhyama certificate, she had taken admission in the Intermediate course and then passed out the same in the first division. She had been appointed Panchayat Teacher thereafter.

7. Learned counsel submits that in the FIR it is alleged that the marksheet of the petitioner has not been issued by the Board and it is a fake marksheet and certificate is also fake, however, the said certificate was made available to her by the concerned school.

8. On the other hand, learned APP for the State submits that in this case the Vigilance Investigation Bureau has been verifying the educational records of the Panchayat

Patna High Court CR. MISC. No.79272 of 2023(2) dt.18-01-2024 3/3 Teachers by virtue of order of the Hon'ble Division Bench of this Court in C.W.J.C. No. 15459 of 2014. In course of said verification, the certificate and the marksheet of the petitioner of the Madhyama Examination have been found forged. It is further submitted that the petitioner had an opportunity to resign and get the benefit of the amnesty scheme but instead of resigning from service on her own, she chose to continue with the same and kept on drawing the monetary benefits.

9. Having regard to the facts and circumstances of the case, there being an allegation that petitioner had obtained forged certificate and marksheet of Madhyama and on that basis she claims to have done her intermediate and got appointment as Panchayat Teacher and further she did not resign on her own in terms of the opportunity granted by the Hon'ble Division Bench of this Court and continued to draw monetary benefits, this Court is not inclined to grant benefit of anticipatory bail to the petitioner. Prayer is refused.

10. This application stands dismissed.

(Rajeev Ranjan Prasad, J) Rishi/- U T