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Patna High Court - Orders

Savita Kumari vs The State Of Bihar on 9 April, 2019

Author: Vikash Jain

Bench: Vikash Jain

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22698 of 2019
                     Arising Out of PS. Case No.-177 Year-2018 Thana- DERNI BAZAR District- Saran
                 ======================================================
                 SAVITA KUMARI D/o Braj Mohan Das Resident of Village - and P.O. -
                 Kakarhat, P.S.- Derehni Dariyapur, Distt - Saran.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shashi Bhushan Kumar
                 For the Opposite Party/s :       Mr.Ajay Mishra
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
                                       ORAL ORDER

2   09-04-2019

Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest for the offences alleged under Section 419, 420, 409, 467, 468, 471, 120(B) IPC registered in connection with Darehni P.S. Case No. 177 of 2018.

3. It is submitted that the petitioner has been falsely implicated on the accusation that she has got employment as Panchayat Teacher on the basis of forged certificate and marksheet of Bihar School Examination Board, which on verification by the authorities was found not to have been issued by the Bihar School Examination Board, Patna. A statement is made at the Bar that the petitioner has since been dismissed from service. The petitioner being a lady claims clean antecedents.

4. Learned counsel for the Vigilance Department appears and has been heard.

5. Be that as it may, in the event of petitioner's arrest or surrender within four weeks hereof let the above named Patna High Court CR. MISC. No.22698 of 2019(2) dt.09-04-2019 2/2 petitioner be released on provisional anticipatory bail on furnishing bail bond of Rs.10,000/- [ten thousand] with two sureties of like amount each to the satisfaction of learned CJM, Saran at Chapra in connection with Darehni P.S. Case No. 177 of 2018 subject to the conditions as laid down under Section 438(2) Cr.P.C. and also subject to the following further conditions:

(i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.
(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
(iv) The petitioner shall be well represented in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, her bail bond shall be liable to be cancelled by the learned Court concerned.

6. The provisional bail shall be confirmed upon verification that the petitioner has been dismissed from service.

7. The authorities shall be at liberty to take steps for recovery of the salary already drawn by the petitioner during her employment as Panchayat Teacher.

(Vikash Jain, J) Chandran/-

U      T