Patna High CourtCR. MISC./1518/2026bail granted

Sharmila Kumari v. The State Of Bihar

2026-01-28Mr. Justice Alok Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1518 of 2026 Arising Out of PS. Case No.-80 Year-2025 Thana- MOHANPUR District- Samastipur ====================================================== Sharmila Kumari W/o Late Vishundeo Rai R/o vill - Baghara, P.S.- Mohanpur, Distt.- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar, Adv.

For the Opposite Party/s :

Mr. Ram Sumiran Rai, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 28-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest in connection with Mohanpur P.S. Case No.80 of 2025 registered for the offence under Sections 318(4), 319(2), 338, 336(2), 340(2), 316(5) of the BNS.

3. As per prosecution case, informant has gave written report before the police and stated that in view of the Letter No.237 dated 30.1.2025 of the District Education Officer, Samastipur, in the admission register by the then Principal of Primary School Kapartola Baghra, Sharmila Kumari, Rahul Kumar whose serial number was 152 and date of birth was overwritten on 26.8.2004 and made as 26.8.2005. The case against this boy Rahul Kumar is 302 IPC, In reference of Juvenile Justice Board Samastipur letter No- 588 dated

Patna High Court CR. MISC. No.1518 of 2026(2) dt.28-01-2026 2/3 4.5.2023, The District Education Officer samastipur has order the member of Secretary Panchayat Teacher Planning Unit Gram Panchayat Raj Baghra to registered the FIR against the said teacher Sharmila Kumari. Accordingly, the FIR.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence and she has falsely been implicated in this case. Learned counsel for the petitioner further submits that the petitioner joined the school on 17.08.2010 and handed over charge as Principal of the school on 22.12.2017.

5. The learned APP opposes the anticipatory bail application.

6. Considering the fact that it has been stated that the petitioner joined the school on 17.08.2010 and handed over charge as Principal of the school on 22.12.2017 much before the date of alleged offence, hence this Court is inclined to grant anticipatory bail to the petitioner.

7. Accordingly, 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 anticipatory bail on her furnishing bail-bonds in the sum of Rs.10,000/-(Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.1518 of 2026(2) dt.28-01-2026 3/3 each to the satisfaction of the learned ACJM, Shahpur Patori, Samastipur, in connection with Mohanpur P.S. Case No.80 of 2025, subject to the conditions laid down under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

(Alok Kumar Sinha, J) Prakash Narayan U T