Sheela Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 85754 of 2019 Arising Out of PS. Case No.-312 Year-2019 Thana- Bajpatti District- Sitamarhi ====================================================== Sheela Kumari, Female, aged about 46 years, D/o Rajendra Paswan, W/o Akhilesh Paswan, R/o Village - Madhubani, P.O. + P.S. - Bazpatti, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mritunjay Kumar, Advocate For the BSEB :

Mr. Gyan Shankar, Advocate For the State :

Mr. Ajay Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05.

02.09.2020 Heard Mr. Mritunjay Kumar, learned counsel for the petitioner and Mr. Gyan Shankar, learned counsel for the Bihar School Examination Board.

The State is represented by Mr. Ajay Mishra, learned APP.

The petitioner seeks bail in anticipation of her arrest in connection with Bajpatti P. S. Case No. 312 of 2019 dated 06.09.2019, instituted for the offences under Sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code.

The petitioner is alleged to have furnished a

fake mark-sheet for obtaining appointment.

The learned counsel for the petitioner submits that the certificate furnished by her for the purposes of appointment is not at all forged. Some anomaly may have been detected for some other reason. As far as the petitioner understands, this anomaly is because the marks of some of the papers were not included in the final tabulation. The petitioner contends that she has obtained 2nd division in Intermediate examination. Though the aforesaid contentions are opposed by the learned counsel for the Bihar School Examination Board, but considering the nature of accusation and the gender of the petitioner, she, in the event of her arrest or surrender before the court below within a period of eight weeks, is directed to be released on bail on her furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Bajpatti P. S.

Case No. 312 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

This petition stands allowed.

(Ashutosh Kumar, J) skm U T