Pragya Priyadarshini v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46242 of 2018 Arising Out of PS. Case No.-229 Year-2017 Thana- ISUAPUR District- Saran ====================================================== Pragya Priyadarshini W/o Shashi Kumar Mishra, D/o Late Anand Bihari, resident of Bani, P.S.- Khar (Nager O.P.) District- Saran. ... ... Petitioner/s

Versus

1. State Of Bihar.

2. The Vigilance Department, Bihar Patna.

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

For the Petitioner/s :

Dr. Shashi Shekhar Kishore For the Opposite Party/s :

Mr. Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 10-05-2019 Seen the explanation submitted by the petitioner by filing supplementary affidavit and perused the record. By the aforesaid explanation petitioner submits that though she has earlier filed the bail petition vide Cr. Misc. No. 46242 of 2018, but the same was dismissed for non-compliance of the peremptory order and later on it was restored on 03.10.2018. But, during the aforesaid status of the case, another bail petition was filed by another counsel of the petitioner vide Cr. Misc. No. 4126 of 2019 misguiding the petitioner and her pairvikar for immediate hearing for according her relief. But subsequently, second bail petition was withdrawn by her another lawyer finding it not maintainable. Petitioner has not committed aforesaid mistake intentionally rather due to misinformation and

Patna High Court CR. MISC. No.46242 of 2018(10) dt.10-05-2019 2/3 misunderstanding.

Such action deserves to be deprecated. However, considering the facts and circumstances of the case and in the interest of justice, the aforesaid explanation given by the petitioner is accepted.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends her arrest in connection with Isuapur P.S. Case No. 229 of 2017 registered for the offence punishable under Sections 419, 420, 409, 467, 468, 471, 201 and 120(B) of the Indian Penal Code.

Petitioner is said to have got the job of Panchayat Teacher on the basis of forged Intermediate certificate. It is submitted by learned counsel for the petitioner that the petitioner has no concern with the aforesaid occurrence. She has been falsely implicated in this case. Petitioner has produced the documents furnished to her by competent authority at the time of her counselling which was verified by the authority concerned, and on verification of the same, she was given the joining letter. She had no knowledge of any manipulation in the said documents by someone with ulterior motive and after learning the same, she had suo motu left the

Patna High Court CR. MISC. No.46242 of 2018(10) dt.10-05-2019 3/3 service. Petitioner has no criminal antecedent. Similarly situated co-accused, namely, Poonam Kumari has been enlarged on anticipatory bail by this Court vide order dated 09.05.2019 passed in Cr. Misc. No. 31093 of 2019 while co-accused Nirmala Kumari has been enlarged on anticipatory bail by a coordinate Bench of this Court vide order dated 01.04.2019 passed in Cr. Misc. No. 19106 of 2019.

On the other hand, learned APP opposed the bail prayer of the petitioner.

In the facts and circumstances of the case, 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 four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Chapra in connection with Isuapur P.S. Case No. 229 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Prakash Chandra Jaiswal, J) rohit/- U T