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Patna High Court - Orders

Priti Kumari vs The State Of Bihar on 25 June, 2025

Author: Rajesh Kumar Verma

Bench: Rajesh Kumar Verma

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36239 of 2025
                     Arising Out of PS. Case No.-222 Year-2022 Thana- BANMANKHI District- Purnia
                 ======================================================
                 Priti Kumari Daughter of Manoj Kumar Vishwas @ Manoj Kumar Bishwas
                 R/o village- Jalalgarh, Ps- Jalalgarh, Dist- Purnea

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Vigilance Investigation Bureau, Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ram Prawesh Kumar, Advocate
                 For the Opposite Party/s :      Mr.Ajay Mishra, APP
                 For the Vigilance        :      Mr. Arvind Kumar, Spl.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   25-06-2025

Heard Mr.Ram Prawesh Kumar, learned counsel for the petitioner, Mr. Arvind Kumar, learned Spl.P.P. for the Vigilance and Mr.Ajay Mishra, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending her arrest in connection with Banmankhi P.S. Case No.222 of 2022, dated 09.07.2022 registered for the offences punishable under Sections 166,217,420,467,468,471,120(B) of IPC.

3. Allegation against the petitioner is that she committed a serious offence having knowledge to believe to be a forged document which was submitted for getting job of Government Teacher and got government salary.

4. Learned counsel appearing for the petitioner Patna High Court CR. MISC. No.36239 of 2025(2) dt.25-06-2025 2/4 submits that the petitioner has clean antecedent. She has falsely been implicated in the present case. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. In compliance of order passed in CWJC No.15459/2014, the present FIR has been instituted against the petitioner and other similarly situated persons in all over the Bihar. As per allegation in the FIR, the petitioner has obtained Teacher Training Certificate from the Bihar School Examination Board and she was qualified but in the verification it was found that the petitioner has not qualified in the Bihar Elementary Teacher Eligibility Test (BETET) examination. Learned counsel for the petitioner submits that the allegation as alleged in the FIR is false and fabricated. In fact the petitioner has obtained the marksheet as she has received from the Bihar School Examination Board and she has no role at all in the present occurrence and she has received the marksheet from the Bihar School Examination Board and she has submitted before the competent authority and apart from that, after institution of the present FIR, she has resigned from the post in question.

5. Learned counsel for the Vigilance and learned A.P.P. for the State have vehemently opposed the prayer for Patna High Court CR. MISC. No.36239 of 2025(2) dt.25-06-2025 3/4 anticipatory bail of the petitioner and submits that although the petitioner has received 58 marks and she has produced the certificate which suggests that she has obtained 90 marks and she has intentionally submitted false certificate/marksheet.

6. Considering the aforesaid facts, petitioner has clean antecedent and she has resigned from the post in question, let the petitioner, above named, in the event of her arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000 (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with Banmankhi P.S. Case No.222 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:-

(I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move Patna High Court CR. MISC. No.36239 of 2025(2) dt.25-06-2025 4/4 for cancellation of bail.
(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his/her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/-

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