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Patna High CourtCR. MISC./6528/2020bail granted

Dhaneshwari Kumari v. The State Of Bihar

2020-10-09Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6528 of 2020 Arising Out of PS. Case No.-286 Year-2019 Thana- LAUKAHA District- Madhubani ====================================================== DHANESHWARI KUMARI Daugther of Ramkisun Shah Resident of Village- Koryahi, P.S. Laukaha, District- Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Md. Nazimuddin Police Inspector, Vigilance Investigation, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rama Kant Sharma, Sr. Advocate Mr.Manish Kumar No 13, Advocate For the Opposite Party/s :

Mr.Ajay Mishra, Advocate For the Vigilance :

Mr. Arvind Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 09-10-2020 Heard learned counsel for the petitioner, learned Spl. P.P. for the Vigilance Department as well as State. The instant application for anticipatory bail has been filed by the petitioner apprehending her arrest in connection with Laukaha P.S. Case No. 286 of 2019, registered for the offence punishable under sections 420, 467, 468, 471 and 120B of the Indian Penal Code.

As per allegation in the FIR, in the process of appointment of Panchyat Teachers in Gram Panchayat, the petitioner submitted her application in the prescribed form and was finally selected. It is stated that subsequently in course of verification with the Bihar School Examination Board, Patna, it

Patna High Court CR. MISC. No.6528 of 2020(6) dt.09-10-2020 2/3 transpired that the certificate provided by the petitioner was forged and, as such, the FIR.

It is submitted by learned counsel for the petitioner that a number of co-accused having allegations similar to that of the petitioner, have been granted anticipatory bail vide orders dated 21.09.2017 passed in Cr. Misc. No. 40248 of 2017, order dated 21.09.2017 passed in Cr. Misc. No. 43031 of 2017, order dated 09.05.2018 passed in Cr. Misc. No. 18594 of 2018 and order dated 27.02.2020 passed in Cr. Misc. No.2203 of 2020. It is submitted by learned counsel for opposite party that bail application of a number of persons have also been rejected.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances stated above together with the fact that a number of similarly situated co-accused have been granted bail, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of her arrest or surrender in connection with Laukaha P.S. Case no. 286 of 2019, she will be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Twenty thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.6528 of 2020(6) dt.09-10-2020 3/3 satisfaction of learned A.C.J.M.-I, Jhanjharpur, District, Jhanjharpur subject to the condition as laid down under section 438(2) of the Cr.P.C.

(S. Kumar, J) Sanjay/- U T