Sitapati Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3850 of 2025 Arising Out of PS. Case No.-123 Year-2024 Thana- BIND District- Nalanda ====================================================== Sitapati Kumari Daughter of Rambhajan Kuwait Resident of Village - Jakhaur, P.S. - Amawan, P.S. - Bind, District - Nalanda ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gaurav Prakash For the Opposite Party/State:
None ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-03-2025
1. Heard learned counsel for the petitioner.
2. The petitioner apprehends his arrest in connection with Bind P.S. Case No. 123 of 2024 dated 26.09.2024 registered under Sections 420, 467, 468, 471 & 120(B) of the I.P.C.
3. As per the first information report the petitioner obtained employment as panchayat teacher in the year 2010 on the basis of forged mark sheet of intermediate examination.
4. Learned counsel for the petitioner submits that petitioner had appeared in the examination organized by the Sanskrit Council, Uttar Pradesh having Roll No. 585478 in which she obtained 392 marks but upon verification as alleged in the F.I.R. the petitioner did not appear in the examination and the mark sheet submitted by the petitioner was forged and fabricated. At the time of appointment verification or immediately thereafter
Patna High Court CR. MISC. No.3850 of 2025(3) dt.27-03-2025 2/3 verification of the educational qualification was not done and it was after direction given by the High Court in C.W.J.C. No. 15459 of 2014 and subsequently in the light of vigilance inquiry no. B.S.-08/15 the educational mark sheet and other credentials were verified. The petitioner is a lady having worked for many years and this court in many cases have granted bail on the ground that the accused have resigned and / or terminated. A supplementary affidavit has been filed by the petitioner stating therein that petitioner's service has been terminated vide office order dt. 28.02.2025 having memo no. 23 issued by the panchayat secretary -cum- member secretary, Panchayat Employment Unit, Gram Panchayat Raj - Jehana. A copy of the office order has been annexed as Annexure: P-1 to the supplementary affidavit.
5. No one appeared for the State and / or Vigilance.
6. Regard being had to the submission made by the parties, taking into consideration the fact that petitioner has already been terminated and allegation against the petitioner is based upon documents for which custodial interrogation may not be necessary accordingly I am inclined to grant anticipatory bail to the petitioner.
7. Let the petitioner, above named, be released on
Patna High Court CR. MISC. No.3850 of 2025(3) dt.27-03-2025 3/3 anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class-III, Nalanda at Biharsharif in connection with Bind P.S. Case No. 123 of 2024 subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anil Kumar Sinha, J) praful/- U T