Rekha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3034 of 2024 Arising Out of PS. Case No.-47 Year-2023 Thana- KAUWAKOL District- Nawada ====================================================== Rekha Kumari W/O Anil Kumar Sinha Village- Sarika, Ps. Sheikhpura, Dist. Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar, Adv.

For the Opposite Party/s :

Mr.Ajay Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Kawakole (Rupau) PS Case No. 47 of 2023 dated 20-01-2023, instituted under Sections 467,468, 471, 420 and 120B of the Indian Penal Code.

3. It is alleged that the petitioner and other accused persons were appointed between 2006 to 18-05-2015. In the light of order of this Court, First Information Report (for brevity 'FIR') has been lodged. The petitioner was appointed on the basis of a forged Intermediate mark-sheet on contractual basis as

Patna High Court CR. MISC. No.3034 of 2024(2) dt.31-01-2024 2/3 a Block Teacher, which was sent for verification. Thereafter, the inquiry report was sent by the authorities wherein, it is stated that no such mark-sheet was issued and the same was found to be forged one.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that after the inquiry report, the petitioner was removed from job by the appointing authority in the year 2021 itself and the present case has been lodged in the year 2023. It is submitted that at the time of her appointment she produced her entire certificates before the appointing authority and joined as Teacher on 22-04-2015 after due verification. The petitioner has no criminal antecedents, as per statement made in para-3 of the bail petition.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Nawada, in Kawakole (Rupau) PS Case No. 47

Patna High Court CR. MISC. No.3034 of 2024(2) dt.31-01-2024 3/3 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

7. The application stands allowed.

(Khatim Reza, J) shyambihari/- U T