High Court granted anticipatory bail to Sunita Kumari accused of cheating and forgery for submitting a fraudulent teacher eligibility certificate. Bail conditions include surrender within four weeks and forfeiture of salary.
Petitioner directed to surrender within four weeks on bail of Rs.10,000 with two sureties and forego salary.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21000 of 2017
Arising Out of PS.Case No. -57 Year- 2017 Thana -KARPI District- JEHANABAD
====================================================== Sunita Kumari, Daughter of Sri Jaglal Ram, Resident of Village- Daud Nagar, District- Aurangabad, presently working as Panchayat Teacher, newly created Primary School, Motichak, Gram Panchayat- Kharasin, P.S. Karpi, District- Arwal.
.... .... Petitioner/s
Versus
.... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. S.B.K. Mangalam, Mr. Bhagwati Prasad. For the Board : Mr. Gyan Shanker For the State : Mr. M.K. Nirala, APP
====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER
counsel for the State as well as Board.
The petitioner seeks anticipatory bail in a case instituted for the offences under Sections 409, 420, 419, 467, 468, 471 and 472/34 of the Indian Penal Code.
Vigilance has found that petitioner has submitted fraudulent certificate of Teachers Eligibility Test conducted by the Bihar School Examination Board (hereinafter referred to as the Board) and on that basis she is working. In the First Information Report a certificate pertaining to the petitioner has been attached.
From the certificate it appears that her roll no. is 0743118229 and sl. No. is 070261. This Court has asked the
Patna High Court Cr.Misc. No.21000 of 2017 (6) dt.21-02-2018
2
Board to verify the genuineness of the certificate.
In paragraph 6 of the counter affidavit it has been stated that record of the Board reflects that Board has issued the certificate having sl.no. 022610, roll no.0743118229 but Board has not issued any certificate pertaining to sl. No.070261, roll no. 0743118229.
Learned counsel for the Board submits that except sl. no. 070261 all details tallies. He has further submitted that this certificate was not issued by the Board.
In view of the statement made in paragraph no. 6 of the counter affidavit, in the event of arrest or surrender within four weeks from today, let petitioner, namely, Sunita Kumari, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-IV, Arwal in connection with Karpi (Sahar Telpa) P.S. Case No.57 of 2017, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. Further condition is that she will not draw the salary of the post, if already not drawn, till disposal of the criminal case.
Vinay/-
(Shivaji Pandey, J)
U T
1 issue framed by the court
Whether the petitioner should be granted anticipatory bail in a case involving alleged submission of a fraudulent teacher eligibility certificate.
1 provisions across 1 enactments
Sunita Kumari
The State of Bihar
The Bihar School Examination Board
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
