Vandana Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54228 of 2018 Arising Out of PS. Case No.-54 Year-2018 Thana- TARARI District- Bhojpur ====================================================== Vandana Kumari W/o Ajay Kumar Gupta, R/o Vill.- Mohani, P.S.- Bikramganj, District- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravindra Kumar For the Opposite Party/s :

Mr. Sri Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 12-12-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is apprehending arrest in connection with Tarari P.S. Case No. 54 of 2018 for the offence under sections 467, 468, 471, 409, 420 and 120(B) of the Indian Penal Code. Learned counsel for the petitioners submits that petitioner has got no criminal antecedent.

The instant case was registered at the instance of District Education Officer, Bhojpur as Panchayat Secretary has not produced the relevant document in connection with the employment of the teachers. The petitioner is appointee and not the custodian of the document which was called for for verification of the appointment of the teachers. If any irregularity was committed in connection with appointment in

Patna High Court Cr.Misc. No.54228 of 2018(3) dt.12-12-2018 2/2 2008, the respondents have enough power and discretion to annul such appointment but the failure on the part of Panchayat Secretary cannot be a ground to fasten the petitioner with criminal liability.

Considering the aforesaid, let the petitioner, named above, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate,Bhojpur at Ara, in connection with Terari P.S. Case No. 54 of 2018 subject to the condition as laid down under section 438(2) of the Cr.P.C. (Anil Kumar Upadhyay, J) Ravi/- U T