High Court Patna High Court - Orders

Sufia Praveen vs The State Of Bihar on 25 February, 2011

Patna High Court – Orders
Sufia Praveen vs The State Of Bihar on 25 February, 2011
             IN THE HIGH COURT OF JUDICATURE AT PATNA
                       Cr.Misc. No.6351 of 2011
                           SUFIA PRAVEEN
                                Versus
                         THE STATE OF BIHAR
                               -----------

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
2

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.)