Kumari Veena v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89196 of 2024 Arising Out of PS. Case No.-39 Year-2022 Thana- BAKHARI District- Begusarai ====================================================== Kumari Veena, Wife of Ashok Kumar Mahto @ Ashok Mahto Resident of Village- Makkhachak Ward No 17, Nagar Parishad Bakhri , PS- Bakhri, Distt.- Begusarai ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Vigilance Investigation Bureau, Govt. of Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md Ataul Haque- Advocate For the Vigilance :

Mr. Arvind Kumar- Law Officer Mr. Paritosh Parimal- Advocate For the State :

Mr. Ajay Mishra- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-02-2025

1. Heard learned counsel for the petitioner, the learned counsel appearing on behalf of the Vigilance and learned APP for the State.

2. The petitioner seeks bail in anticipation of her arrest in a case registered for the offences punishable under Sections 409, 420, 467, 468, 471 and 120(B) of the Indian Penal Code.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of five cases and is a woman. It is further submitted that all five cases came to be instituted based on the allegation that appointment of candidates as Teacher was made based on forged and fabricated certificates and the

Patna High Court CR. MISC. No.89196 of 2024(2) dt.14-02-2025 2/3 petitioner, being Member of the Appointment Committee, was not vigilant to get the certificates verified. It is next submitted that the allegation as alleged in the FIR is that one Abhishek Kumar in the Year 2011 had scored 115 marks in the BETET Examination, but on verification, it was found that he had scored only 43 marks, but still he was given appointment.

4. The learned counsel for the petitioner submits that petitioner was one of the Member of the Appointment Committee and when the certificates were submitted by the candidates seeking appointment as Teacher, at that point of time, the ceritificate is not verified and subsequently, in terms of the rules, the certificate submitted is required to be verified by the concerned institution. It is next submitted that no prudent person knowing that the candidate, who has submitted the certificate is forged and fabricated still would give appointment and thus, create evidence against himself/ herself. It is fairly submitted that there may be some dereliction on the part of the petitioner, but then, petitioner is not a criminal.

5. The learned Law Officer appearing on behalf of the Vigilance as well as learned A.P.P. opposes the anticipatory bail application.

6. Considering the submissions made by the learned

Patna High Court CR. MISC. No.89196 of 2024(2) dt.14-02-2025 3/3 counsel for the petitioner, the petitioner, above-named, in the event of her arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on her furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Begusarai in connection with Bakhri P. S. Case No.39 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T