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Patna High Court

RINKU KUMARIversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Bail was granted to the petitioner under Section 438(2) of the CrPC with specified conditions.

Summary

The petitioner, Rinku Kumari Deo Pujan Singh, was charged under IPC sections 420, 467, 468, 471 and 120B for allegedly securing a Panchayat Teacher post using forged documents. Fearing arrest, he offered to refund the salary he received in 24 monthly installments. The High Court considered the seriousness of the offences, the petitioner’s willingness to cooperate, and the need to secure the public money. Applying Section 438(2) of the CrPC, the Court ordered bail on a bond of Rs 10,000 with two sureties, subject to conditions of cooperation, refund of emoluments, and compliance with the bond terms. The State was directed to furnish details of the emoluments within two weeks, and the bail could be cancelled if conditions were breached.

Issues considered

  • Whether bail can be granted to an accused charged with offences under Sections 420, 467, 468, 471 and 120B of the IPC.
  • Whether the conditions imposed under Section 438(2) CrPC, including a monetary bond and refund of emoluments, are appropriate.
  • Whether the petitioner’s offer to refund salary influences the bail decision.

Legislation cited

Subjects

  • bail
  • forgery
  • appointment fraud
  • Panchayat teacher
  • IPC
  • CrPC
  • Section 438
  • emoluments refund

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35321 of 2022
                     Arising Out of PS. Case No.-287 Year-2021 Thana- GOVINDPUR District- Nawada
                 ======================================================
                 RINKU KUMARI DEO PUJAN SINGH R/O- VILL- BISHNUPUR, P.S.-
                 GOVINDPUR, DIST.- NAWADA

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Arun Kumar No. 1
                 For the Opposite Party/s :      Mr.Ajay Mishra
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   01-11-2022                  Heard learned counsel for the petitioner and learned

                   counsel for the State.

                                  The petitioner apprehends his arrest in a case

                   registered for the offence under Sections 420, 467, 468, 471 and

                   120 B of the Indian Penal Code.

                                The petitioner is alleged to have obtained appointment

                   as Panchayat Teacher on the basis of forged and fabricated

                   documents.

                                It is submitted on behalf of petitioner that petitioner is

                   ready to refund emoluments received during tenure, as

                   Panchayat Teacher, in 24 (twenty four) monthly installments.

                                Considering the aforesaid facts and circumstances, let

                   the above named petitioner, in the event of his arrest/surrender

                   before the court below within a period of thirty days from the
              Patna High Court CR. MISC. No.35321 of 2022(2) dt.01-11-2022
                                                          2/2




                        date of receipt/production of copy of this order, be enlarged on

                        bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with

                        two sureties of the like amount each to the satisfaction of Chief

                        Judicial Magistrate, Nawada in connection with Govindpur P.S.

                        Case No. 287/2021 subject to condition as laid down under

                        Section 438(2) of the Code of Criminal Procedure as well as

                        condition that the petitioner shall fully cooperate with the

                        investigation and trial of the case, failing which, the court below

                        shall be at liberty to cancel the bail-bond of the petitioner as also

                        with condition that the petitioner shall refund the amount in

                        twenty four monthly installments, receipt of first refund shall be

                        deposited at the time of furnishing bail-bond. Needless to state

                        that the State officials shall provide details of the emoluments

                        given to the petitioner within two weeks from the date of receipt

                        of this order. Deposits made by the petitioner shall be subject to

                        the final outcome of the case.



                                              (Prabhat Kumar Singh, J)
asmit/-

U         T


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