Patna High Court
Sharmila KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
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
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
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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