Smt. Kumari Baijayanti Ray @ Kumari Baijayanti Rai @ Smt. Vajayanti Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3269 of 2025 Arising Out of PS. Case No.-451 Year-2022 Thana- GORAUL District- Vaishali ====================================================== Smt. Kumari Baijayanti Ray @ Kumari Baijayanti Rai @ Smt. Vajayanti Rai D/o- Jangbahadur Ray, W/o- Sanjay Kumar R/o- W.No-5, Mahamadpur Deopar PS- Pusa Dist- Samastipur, Village-Ward No. 13, Rampur Dumri Karhtiya Bujurg, P.S. Goraul, District-Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vishwanath Pd. Sinha, Sr. Advocate :

Mr.Sanjay Kumar Singh, Advocate For the Opposite Party/s :

Mr.Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-05-2025 1.

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

2.

This application, for grant of anticipatory bail, arises out of Goraul (Kathara O.P.) PS case no. 451 of 2022 dated 12.10.2022, disclosing offences punishable under Sections 420, 467, 468, 471/34 of the Indian Penal Code. 3.

The prosecution story, lodged on the basis of a letter of District Programme Officer, is that the petitioner and co-accused Ram Prabodh Singh and Santosh Kumar were Teachers in Rajkiya Prathmic Vidyalay, Dumari and they in connivance with each other prepared a new admission register and produced before the Principal Magistrate, Juvenile Justice Board on 23.09.2022. They issued a forged School Leaving

2/5 Certificate.

4.

Learned Senior Counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and she has falsely been implicated in this case without any basis. Learned counsel further submits that at the relevant point of time, in the year 2022, the Principal Magistrate, Juvenile Justice Board called for the admission register as well as attendance register and the petitioner being the In-charge Headmaster produced the admission register as well as attendance register before the Principal, certifying that both the registers were on record of the School. He next submits that coaccused Santosh Kumar had taken over the charge of In-charge Headmaster in the School in the year 2006 and vide letter no. 4625 dated 14.07.

2012 of the District Education Officer, Vaishali, he handed over the charge of In-charge Headmaster to co-accused Ram Prabodh Singh on 05.09.2012. After taking over the charge of In-charge Headmaster, Ram Prabodh Singh continued till 08.11.2019 and vide letter no. 3 dated 18.10.2019 of Panchayat Sewak, Ram Prabodh Singh handed over the charge of In-charge Headmaster to the petitioner on 09.11.2019. Admittedly, School Leaving Certificate was issued on 11.04.2017 i.e.

3/5 Prabodh Singh. As such, there is no role of the petitioner in preparing or handing over the School Leaving Certificate in the name of juvenile namely Dharmendra Kumar.

5.

The said Dharmendra Kumar took admission in the year 2012, when co-accused Santosh Kumar was In-charge Headmaster of the School and his date of birth was recorded at that point of time and at the time, when the juvenile left the School, Ram Prabodh Singh was the In-charge Headmaster of the School and School Leaving Certificate was issued bearing his signature. Thus, the submission is that neither the petitioner was there at the time of admission of the juvenile nor at the time, when he left the School.

6.

The petitioner, upon direction of the Principal Magistrate, only produced the admission register and attendance register before the learned Magistrate, certifying to be the register present in the records of the School. He also submits that during course of investigation, the supervising authority has found the allegation against co-accused persons true but it has been observed that further inquiry is required for the petitioner. 7.

On the other hand, learned counsel for the State submits that as per the First Information Report, petitioner along with other accused persons connived with each other and

4/5 produced the forged School Leaving Certificate before the Principal Magistrate, Juvenile Justice Board in order to help Dharmendra Kumar to be declared as Juvenile.

8.

I have heard learned counsel for the parties and perused the materials available on record. Admittedly, the School Leaving Certificate of Dharmendra Kumar was issued on 11.04.2017. The petitioner was not In-charge Headmaster of the School at that point of time and she took the charge of the In-charge Headmaster in the year 2019. The petitioner was not there at the time of admission of Dharmendra Kumar as well as at the time, he left the School. The School Leaving Certificate was issued under the signature of Ram Prabodh Singh. 9.

Considering the aforesaid facts and circumstances of the case, I am inclined to grant the privilege of anticipatory bail to the petitioner.

10.

This application is, accordingly, allowed.

11.

Let petitioner, abovenamed, in the event of her arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Vaishali at Hajipur Gaya in connection with Goraul (Kathara

5/5 O.P.) PS case no. 451 of 2022, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) rinkee/- U T