IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.36911 of 2011
Baby Devi w/o Anil Yadav, R/o village-Jawatari,
P.S.-Barhat, District- Jamui
Versus
The State of Bihar
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2. 11.11.2011. Heard Mr. Ambika Bhagat learned counsel for the
petitioner and learned counsel for the State.
The petitioner apprehends his arrest in connection with a
case registered for the offence punishable under sections 420, 407,
468, 471 and 120B of the Indian Penal Code.
The prosecution case in brief, according to the
informant, who is B.D. O, Barhat, is that certain irregularities were
done by the Mukhiya and the Panchyat Sachiv, a co-accused, in
appointment of the teachers. They did not abide by order of the
appellate authority. Even after the order of the appellate authority,
they did not prepare a fresh merit list and in place of fresh
appointment, the appointment made earlier was confirmed.
It is submitted on behalf of the petitioner that there was
no irregularity in appointment of the teachers. As per the direction
of the appellate authority, recounselling was done and the
complainant Ranjit Kumar and others had not submitted their
relevant documents at the time of recounselling and thus they could
not be appointed. It is also submitted that even if the allegation made
in the first information report is to be believed, the offence as
alleged would not be attracted. The petitioner is a lady and is an Ex-
Mukhiya. She is not likely to abscond or tamper with the evidence.
Be that as it may, considering the facts and
circumstances of the case and specifically taking into account the
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fact that the petitioner is a lady, let the petitioner named above in
the event of arrest or surrender before the court below within a
period of four weeks from the date of receipt/communication of the
order be released on bail on furnishing bail bonds of Rs.5,000/- (five
thousand) with two sureties of the like amount each to the
satisfaction of learned C.J.M, Jamui in connection with Barhat P.S.
Case No.27 of 2011 subject to the conditions as laid down under
section 438(2) of the Code of Criminal Procedure.
Md.S. ( Ashwani Kumar Singh, J.)