Prema Kumari v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18598 of 2018 Arising Out of PS.Case No. -51 Year- 2017 Thana -DANDARI District- BEGUSARAI ======================================================
1. Prema Kumari, D/o- Nirdhan Ram, resident of village-Bhagatpur, P.S. Baliya, District- Begusarai.
.... .... Petitioner/s
Versus
1. The State of Bihar
2. Vigilance Department, Patna.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vinod Gautam, Advocate For the Opposite Party/s : Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 5/ 04-07-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends her arrest in Dandari P.S. Case No.51 of 2017 instituted for the offence under Section(s) 467, 468, 471, 420, 120-B/34 Indian Penal Code. Allegation against the petitioner is that on verification of testimonial of the appointed teachers from the year 2006-15 of Begusarai and Khagaria Districts, as per direction of Hon'ble High Court in CWJC No.15459 of 2014, it was found that petitioner furnished Teacher's Training Certificate and Mark-sheet having Sl. No.0609 with Roll No.0523110828 with marks 086 with 57.33%, which on verification from the Bihar School Examination Board was found forged and the petitioner was not qualified. It was recorded that the petitioner was absent.
Patna High Court Cr.Misc. No.18598 of 2018 (5) dt.04-07-2018 2/3 Counsel for the petitioner submits that mark-sheet submitted by petitioner at the time of his appointment was correct and the same is still available on the website of Bihar School Examination Board. The petitioner also produced original marksheet at the time of his appointment. It has been submitted that other co-accused have been granted anticipatory bail by a co-ordinate Bench of this Court by order dated 23.04.2018 passed in Cr. Misc. No.14564 of 2018 along with analogous cases.
In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Dandari P.S. Case No.51 of 2017, she shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st class, Begusarai, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and her absence on two consecutive dates
Patna High Court Cr.Misc. No.18598 of 2018 (5) dt.04-07-2018 3/3 without proper and reasonable reason will be liable to cancel her bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) JA/- U T