Patna High Court
RINKU KUMARIversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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
- Code of Criminal Procedure — s. 438
- Indian Penal Code — s. 120B, 420, 467, 468, 471
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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