Anita Kumari v. The State Of Bihar Through The Vigilance
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82276 of 2023 Arising Out of PS. Case No.-206 Year-2023 Thana- RUPAULI District- Purnia ====================================================== Anita Kumari D/o Ramvaran Malakar (Primary School Bihari Singh Tola, Panchayat - Dobha Milik Block - Rupoli Distt. - Purnea) Permanent Resident of W/o Rakesh Kumar Roshan of Village - Lattipakar, P.S. - Gopalpur, District - Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar through the Vigilance ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nadimul Hasan, Advocate For the Opposite Party/s :
Mr.Arvind Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. In the present case, the petitioner is apprehending his arrest in connection with Rupoli P.S. Case No. 206 of 2023, registered on 07.08..2023 for the offences under Sections 420, 467, 468, 471, 120B of the Indian Penal Code.
3. As per prosecution case, the petitioner presented fake and forged certificate at the time of her appointment as Panchayat Teacher. She failed to avail amnesty scheme, which was in vogue for certain period under the orders of this Court passed in CWJC No.15459 of 2014.
4. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in
Patna High Court CR. MISC. No.82276 of 2023(2) dt.10-01-2024 2/3 this case. Only allegation against the petitioner is that she used fake certificate, but there is no allegation that she fabricated the same. The petitioner filed genuine and valid documents at the time of her application and the same were verified and found to be correct by the appointing committee. Thereafter, she was issued appointment letter. Learned counsel further submits that now the petitioner has resigned from her post on 11.12.2018 itself. Learned counsel further submits that no useful purpose would be served by putting the petitioner behind bar and she is ready to cooperate with the investigation and there is no possibility of tampering or doing anything of that sort. Learned counsel further submits that similarly placed person has been granted anticipatory bail by a Coordinate Bench of this Court vide order dated 04.09.2023 passed in Cr. Misc. No. 54155 of 2023. The petitioner is having clean antecedent.
5. Learned APP opposes the submission made on behalf of the petitioner.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that the petitioner has already resigned, let the petitioner above named, in the event of her arrest or surrender before the court concerned within a period of eight weeks from today, be
Patna High Court CR. MISC. No.82276 of 2023(2) dt.10-01-2024 3/3 released on bail, on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea/concerned court in connection with Rupoli P.S. Case No. 206 of 2023, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions :
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(Arun Kumar Jha, J) DKS/- U T