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Patna High Court

Sharmila KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, finding the allegations untenable in view of the service timeline.

Summary

Sharmila Kumari, a former principal of a primary school, was implicated in a case (PS Case No.80 of 2025) involving multiple offences under the Bhartiya Nagarik Suraksha Sanhita. The prosecution alleged that she altered a student's date of birth in the admission register, leading to a serious charge of murder under IPC. The petitioner contended she was innocent, having left the school in December 2017, well before the alleged offence in 2025. The State opposed her anticipatory bail application. The court noted the temporal discrepancy and, applying Section 482(2) of the BNS, granted anticipatory bail, directing her to furnish bail bonds and sureties if arrested within six weeks. The order was conditioned on compliance with the stipulated bail terms.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita given the alleged offences and the timeline of her service.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • Bhartiya Nagarik Suraksha Sanhita
  • criminal procedure
  • false implication
  • school principal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1518 of 2026
                    Arising Out of PS. Case No.-80 Year-2025 Thana- MOHANPUR District- Samastipur
                 ======================================================
                 Sharmila Kumari W/o Late Vishundeo Rai R/o vill - Baghara, P.S.-
                 Mohanpur, Distt.- Samastipur
                                                                   ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ajay Kumar, Adv.
                 For the Opposite Party/s :      Mr. Ram Sumiran Rai, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

2   28-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner apprehends her arrest in connection

                   with Mohanpur P.S. Case No.80 of 2025 registered for the

                   offence under Sections 318(4), 319(2), 338, 336(2), 340(2),

                   316(5) of the BNS.

                                3. As per prosecution case, informant has gave written

                   report before the police and stated that in view of the Letter

                   No.237 dated 30.1.2025 of the District Education Officer,

                   Samastipur, in the admission register by the then Principal of

                   Primary School Kapartola Baghra, Sharmila Kumari, Rahul

                   Kumar whose serial number was 152 and date of birth was

                   overwritten on 26.8.2004 and made as 26.8.2005. The case

                   against this boy Rahul Kumar is 302 IPC, In reference of

                   Juvenile Justice Board Samastipur letter No- 588 dated
Patna High Court CR. MISC. No.1518 of 2026(2) dt.28-01-2026
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          4.5.2023, The District Education Officer samastipur has order

          the member of Secretary Panchayat Teacher Planning Unit

          Gram Panchayat Raj Baghra to registered the FIR against the

          said teacher Sharmila Kumari. Accordingly, the FIR.

                       4. Learned counsel for the petitioner submits that

          petitioner is innocent and has committed no offence and she has

          falsely been implicated in this case. Learned counsel for the

          petitioner further submits that the petitioner joined the school on

          17.08.2010 and handed over charge as Principal of the school on

          22.12.2017.

                       5. The learned APP opposes the anticipatory bail

          application.

                       6. Considering the fact that it has been stated that the

          petitioner joined the school on 17.08.2010 and handed over

          charge as Principal of the school on 22.12.2017 much before the

          date of alleged offence, hence this Court is inclined to grant

          anticipatory bail to the petitioner.

                       7. Accordingly, the petitioner above named, in the

          event of her arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on

          anticipatory bail on her furnishing bail-bonds in the sum of

          Rs.10,000/-(Ten Thousand) with two sureties of the like amount
          Patna High Court CR. MISC. No.1518 of 2026(2) dt.28-01-2026
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                    each to the satisfaction of the learned ACJM, Shahpur Patori,

                    Samastipur, in connection with Mohanpur P.S. Case No.80 of

                    2025, subject to the conditions laid down under Section 482(2)

                    of the Bhartiya Nagarik Suraksha Sanhita.


                                             (Alok Kumar Sinha, J)

Prakash Narayan
U      T


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