Kiran Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46196 of 2018 Arising Out of PS.Case No. -193 Year- 2017 Thana -KARPI District- JEHANABAD ======================================================

1. Kiran Kumari D/o Ram Jatan Sharma, R/o Vill.- Paharpura, P.S.- Karpi (Shahar Telpa), District- Arwal.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-08-2018 Heard learned counsel for the petitioner as well as the State.

The petitioner apprehends her arrest in Karpi (Shahar Telpa) P.S. Case No. 193/2017, instituted for the offences punishable under Sections 406, 420, 467 and 468 of the Indian Penal Code.

In the written report, it is alleged that obtained mark sheet of the petitioner Kiran Kumari, Panchayat Teacher, Primary School, Paharpura, issued by D.E.O. Office, Arwal of Teacher Training Examination Sessions 1988-1990 was sent to Bihar School Examination Board, Patna wherein differences were found regarding date of birth, father's name and marks of the petitioner. Thereafter, F.I.R. was lodged.

Patna High Court Cr.Misc. No.46196 of 2018 (2) dt.21-08-2018 2/3 Learned counsel for the petitioner has submitted that mistakes were made by the official of the Board and for correction of mistakes, petitioner had filed application before the Board and accordingly corrections were made in the certificates of the petitioner but in the record corrections were not made. Photocopy of the receipt given by the Board after receiving application for correction is annexed as Annexure-2 to the bail petition. It is further submitted that date of birth of the petitioner has been subsequently corrected by the Board, which is evident from the corrected certificate, photocopy of which is at Annexure-3 to the bail petition.

Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Karpi (Telpa) P.S. Case No. 193/2017, she shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. IV, Jehanabad, subject to the conditions as laid down under Section 438(2) of the 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

Patna High Court Cr.Misc. No.46196 of 2018 (2) dt.21-08-2018 3/3 and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tamper 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.) Rakhi U T