The High Court at Patna granted anticipatory bail to the petitioner, a Panchayat Teacher facing charges of forgery and cheating regarding appointment documents, on the condition of surrender and furnishing a bond.
Petitioner directed to surrender within four weeks; release on anticipatory bail via bond of Rs.10,000 and 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.29059 of 2019
Arising Out of PS. Case No.-177 Year-2018 Thana- JHANJHARPUR District- Madhubani
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Shila Kumari, Wife of Dinesh Kumar Singh, Daughter of Mahesheswar Prasad Singh Resident of Village- Donbari Hat, P.O.- Teghara, P.S.- Babu Barhi, District- Madhubani.
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Baleshwar Kamat For the Opposite Party/s : Mr.Ajay Mishra ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
5 20-08-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
Petitioner apprehends his arrest in connection with Jhanjharpur P.S. Case No.177 of 2018 for the offence punishable under Sections 467, 468, 471, 420, 120(B)/34 of the Indian Penal Code.
The allegation against the petitioner, as mentioned in the FIR is that at the time of appointment, the petitioner had submitted the forged certificate relating to Intermediate examination passed by the petitioner.
Learned counsel for the petitioner submits that the appointment of the petitioner had taken place around 2007-08 as
Patna High Court CR. MISC. No.29059 of 2019(5) dt.20-08-2019 2/3
Panchayat Teacher. Learned counsel further submits that this Court in PIL matter had directed for vigilance inquiry relating to the appointment of Panchayat Teaches and had given opportunity to the teachers to resign in case a forged certificate was submitted by them. Learned counsel further submits that though the resignation of the petitioner was not tendered at that point of time, however, the petitioner has tendered her resignation on 29.07.2019 and the same has been accepted by the concerned authority.
On the other hand, learned counsel appearing for the informant submits that upon instruction, it has come to notice that petitioner has already tendered resignation which has been accepted by the authority.
After having heard learned counsel for the petitioner as well as learned counsel appearing on behalf of the State and taking into consideration the fact that the petitioner has tendered resignation and the same has been accepted by the authority, as such, I am inclined to grant anticipatory bail to the petitioner.
Accordingly, the petitioner, above named, is directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by her, she shall be released on anticipatory bail by the Court below upon
Patna High Court CR. MISC. No.29059 of 2019(5) dt.20-08-2019 3/3
furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-Ist, Jhanjharpur, Madhubabni, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.
(Anil Kumar Sinha, J)
sanjeev/-
U T
3 issues framed by the court
Whether anticipatory bail should be granted to the petitioner who surrendered and submitted a resignation in connection with charges of forgery and cheating.
Whether conditions for anticipatory bail under Section 438(2) of the Cr.P.C. should be imposed.
Whether the petitioner should be required to surrender before the court below within a specified time.
1 provisions across 1 enactments
Shila Kumari
State of Bihar
Sri Ranjan Kumar Singh
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
