IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.6351 of 2011
SUFIA PRAVEEN
Versus
THE STATE OF BIHAR
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02. 25.02.2011 Petitioner being the Mukhiya of the Gram
Panchayat is apprehending her arrest in a case
registered under Sections 466, 468, 471, 420, 120B of
the I.P.C. and Section 7/13(2) read with Section 13(1)(d)
of the Prevention of Corruption Act.
The F.I.R. has been instituted on a
complaint of one unsuccessful candidate for the post of
Panchayat Teacher.
It is submitted by learned counsel for the
petitioner that the order of appointment was challenged
before the Appellate Tribunal and the Tribunal did not
choose to interfere. Subsequently the order of the
Appellate Tribunal has been challenged in a writ
proceeding.
Learned counsel for the Vigilance has
submitted that during enquiry, it has been found that
the selected candidate’s marks has been inflated which
prima facie suggests that fraudulent appointment has
been done.
Since there is a provision under the
Appointment Rules for making objections and filing the
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case before the Tribunal constituted for the said
purpose and the Tribunal has tested the legality of the
appointment, let the petitioner namely Sufia Praveen, in
the event of her arrest or surrender before the Court
below within a period of 12 weeks from today, be
released on anticipatory bail on furnishing bail bond of
Rs. 10,000/-(ten thousand) with two sureties of the like
amount each to the satisfaction of Special Judge,
Vigilance, North Bihar, Muzaffarpur in connection with
Special Case No. 10 of 2009, Vigilance P.S. Case No. 20
of 2009.
Learned counsel for the Vigilance is
permitted to submit the investigation report in the writ
proceeding. It is expected that Vigilance will seek
permission to become party in the writ application.
Shageer ( Dinesh Kumar Singh,J.)