Patna High Court - Orders
Usha Devi vs The Union Of India Through C. B. I. on 26 June, 2018
Author: Prabhat Kumar Jha
Bench: Prabhat Kumar Jha
Patna High Court Cr.M isc. No.62895 of 2017 (4) dt.26-06-2018
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.62895 of 2017
Arising Out of PS.Case No. -3 Year- 2013 Thana -C.B.I CASE District- PATNA
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1. Usha Devi D/o Kashikant Jha, W/o Sanjay Kumar, R/o Village- Harpur
Bhalahi, P.S.- Bathnaha, District- Sitamarhi, At present posted as GDS,
B.P.M. Bhalaha Harpur BO Department of Post, Sitamarhi.
.... .... Petitioner/s
Versus
1. The Union of India Through C. B. I.
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Devendra Kumar
For the Opposite Party/s : Mr. Bipin Kumar Sinha (SC,CBI)
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR
JHA
ORAL ORDER
4 26-06-2018Heard both sides.
The petitioner apprehends her arrest in Special Case No.4 of 2013 arising out of C.B.I./ACB/R.C. Case No.3(A)/2013, Trial No.20 of 2017 registered under Sections 420, 468 and 471 of the Indian Penal Code.
The learned counsel for the petitioner submits that the petitioner was appointed on the post of Gramin Dak Sewak on the basis of marksheet obtained by her from Bihar Sanskrit Shiksha Board but C.B.I. during the course of inquiry verified the certificate issued by Sampurnanand Sanskrit Vidyalaya, Varanasi. It is submitted that petitioner did not annex any certificate issued by Sampurnanand Sanskrit Vidyalaya, Varanasi. There is nothing Patna High Court Cr.M isc. No.62895 of 2017 (4) dt.26-06-2018 2 on record to show that petitioner submitted any forged certificate to get appointment on the post of Gramin Dak Sewak.
On the other hand, Mr. Bipin Kumar Sinha, learned counsel appearing on behalf of the C.B.I. submits that by order dated 20.06.2018, he was directed to produce the application form of Usha Devi, the petitioner. From perusal of the aforesaid form duly signed by the petitioner, it would appear that the petitioner applied for appointment on the post of Gramin Dak Sewak and the petitioner annexed the marksheet and the certificate issued by Sampurnanand Sanskrit Vidyalaya, Varanasi. On the back of the certificate, the petitioner put her signature. It is submitted that the petitioner has also tried to dupe this Court by stating the fact that the petitioner did not annex the certificate issued by Sampurnanand Sanskrit Vidyalaya, Varanasi rather the petitioner got certificate from Bihar Sanskrit Shiksha Board.
It appears that there is specific allegation that the petitioner got appointment on the post of Gramin Dak Sewak in the post office falling within the jurisdiction of Superintendent of Post, Sitamarhi. The petitioner annexed fake educational testimonial and on verification, it transpired that the certificates issued by Sampurnanand Sanskrit Vidyalaya, Varanasi are forged and fabricated. The C.B.I. sent the certificates to Sampurnanand Patna High Court Cr.M isc. No.62895 of 2017 (4) dt.26-06-2018 3 Sanskrit Vidyalaya, Varanasi and it is reported that the name of Pradip Kumar on Roll No.31345 for the year 1994 has been mentioned and thus, both the certificates submitted by the petitioner are fake and forged.
Taking into consideration the facts aforesaid and the nature of allegation made against the petitioner and the fact that the petitioner even tried to dupe this Court by stating that she annexed certificate issued by Bihar Sanskrit Shiksha Board although, she has annexed the certificate issued from Sampurnanand Sanskrit Vidyalaya, Varanasi along with her application form, I am not inclined to grant the petitioner anticipatory bail. Accordingly, the same is rejected.
(Prabhat Kumar Jha, J) Saurabh/-
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