Kanchan Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81014 of 2023 Arising Out of PS. Case No.-525 Year-2023 Thana- TAJPUR District- Samastipur ====================================================== KANCHAN KUMARI D/o- Nand Kumar Mahto, W/o- Surjit Suman Village Po- Mohanpur Via Kashipur Ps- Samastipur Muffasil Dist-Samastipur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Vigilance Investigation Bureau, Patna through Superintendent of police, Vigilance Investigation Bureau, Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.N.K. Agrawal, Sr. Adv.

Mr.Manaur Alam, Adv.

Mr.Prashant Kumar, Adv.

Mr.Kumar Rajdeep, Adv.

For the State :

Mr.Dilip Kumar No.1, APP For the Vigilance :

Mr.Anil Singh, Spl.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-12-2023 Heard learned Senior Counsel Mr. N.K. Agrawal, appearing for the petitioner, Mr.Dilip Kumar No.1, learned APP for the State and Mr.Anil Singh, learned Spl.P.P. appearing on behalf of the Vigilance Department.

2.

Learned counsel for the Vigilance Department has filed a counter-affidavit in the Court.

3.

The same is taken and kept on record.

4.

The petitioner apprehends her arrest in a case registered for the offence punishable under sections 420, 467, 468, 471, 120(B) of IPC.

Patna High Court CR. MISC. No.81014 of 2023(2) dt.19-12-2023 2/3 5.

Allegation against the petitioner is that she got appointment to the post of Panchayat Teacher on the basis of forged certificate.

6.

It is submitted by learned Senior Counsel for the petitioner that petitioner is quite innocent and has committed no offence. She has been falsely implicated in this case. Petitioner has never produced any forged certificate and she has resigned from the service and in this regard her resignation letter sent by speed post to the Department is annexed at Annexure-P/2. Petitioner has no criminal antecedent.

7.

Learned APP for the State as well as learned counsel for the Vigilance Department opposed the prayer for bail by submitting that there is no any document to show that the resignation of the petitioner was accepted.

8.

Having regard to the facts and circumstances of the case and considering the statement made at para-5 of the bail petition that the petitioner has resigned from service on 06.10.2023, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court

Patna High Court CR. MISC. No.81014 of 2023(2) dt.19-12-2023 3/3 below where the case is pending/Successor Court in connection with Tajpur P.S. Case No.525/2023 (G.R. No.3110/2023), subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T