The Patna High Court granted anticipatory bail to a Panchayat Teacher accused of producing a forged certificate under Sections 420, 467, 468 IPC, directing her surrender within four weeks upon furnishing bond.
Directed to be released on bail after surrendering within four weeks upon furnishing bail bonds of Rs. 10,000 with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.63351 of 2018
Arising Out of PS. Case No.-11 Year-2018 Thana- HISUWA District- Nawada
==========================================
Rinku Kumari Daughter of Sahdeo Kumar Baitha, Mother- Sabita Devi, Resident of Village- Kari Sova, P.S. Bajeerganj, DistrictGaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
==========================================
Appearance :
For the Petitioner/s : Mr. Dhirendra Nath Jha For the Opposite Party/s : Mr. Smt. Nirmala Kumari ==========================================
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
2 11-12-2018
The petitioner seeks bail in anticipation of his
arrest in connection with Hisua P.S. Case No. 11 of 2018 dated 09.01.2018 instituted for the offences under Sections 420, 467, 468 of the Indian Penal Code.
The petitioner, who has been performing her duties as Panchayat Teacher since 2014 is alleged to have produced forged certificate for the purposes of her appointment.
The learned counsel for the petitioner has
Patna High Court Cr.Misc. No.63351 of 2018(2) dt.11-12-2018 2/3
submitted that the certificates furnished by the petitioner are absolutely genuine. In fact, at the time of appointment, those certificates were produced before the authorities and it was found to be genuine. The report of the Investigating Team holding that the TET certificate of the petitioner is forged, is incorrect and is not based on any rationale. Merely because the Investigating Team did not find certain entry in the certificate attached with the other particulars, such a presumption has been made.
The learned counsel for the petitioner has further submitted that on the basis of the aforesaid faulty investigation, the petitioner cannot be prosecuted.
Regard being had to the fact that the petitioner has been working as Panchayat Teacher since 2014, the petitioner, above named, in the event of her arrest or surrender within a period of four weeks from today before the learned Court below, is directed to be released on bail on her furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction
of learned Chief Judicial Magistrate, Nawada in connection
Patna High Court Cr.Misc. No.63351 of 2018(2) dt.11-12-2018 3/3
with Hisua P.S. Case No. 11 of 2018, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
(Ashutosh Kumar, J)
Shageer/-
U T
1 issue framed by the court
Whether the petitioner should be granted anticipatory bail in the pending forgery case while she is still in service.
Rinku Kumari
State of Bihar
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
