Patna High Court
Kumari Rina Yadav @ Reena YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Given the petitioner’s lack of criminal antecedent, her dismissal from employment, and her status as a woman, the court extended anticipatory bail subject to strict conditions.
Summary
Petitioner Kumari Rina Yadav was implicated in a FIR (Hathua P.S. Case No. 133 of 2023) for alleged forgery and related offences under sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code. She contended that the certificate in question was genuine and that she had no prior criminal record, seeking anticipatory bail. The State argued that despite a previous opportunity to resign, she did not do so, and the FIR remains pending. The Court noted her dismissal from the teaching post, lack of antecedents, and her status as a woman, and therefore inclined to grant anticipatory bail with stringent conditions. Accordingly, the Court ordered her release on bail upon arrest or surrender within four weeks, subject to a bond and several compliance conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the pending FIR and alleged offences
- Whether the petitioner’s lack of criminal antecedent and dismissal from employment justify granting bail
Legislation cited
- Indian Penal Code — s. 120(B), 420, 467, 468, 471
Subjects
- anticipatory bail
- forgery
- IPC sections 420, 467, 468, 471, 120B
- criminal procedure
- bail conditions
- female accused
- resignation
- dismissal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75095 of 2025
Arising Out of PS. Case No.-133 Year-2023 Thana- HATHUA District- Gopalganj
======================================================
Kumari Rina Yadav @ Reena Yadav D/O Dharmendra Yadav Resident of
Village- Amwa, P.S.- Bhore, Distt.-Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dewanand Tiwari, Advocate
For the Opposite Party/s : Mr. Ajay Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 24-02-2026 Heard Mr. Dewanand Tiwari, learned counsel for the
petitioner and Mr. Ajay Mishra, learned APP.
2. The petitioner is apprehending her arrest in
connection with Hathua P.S. Case No. 133 of 2023 for the
offence under sections 420, 467, 468, 471 and 120(B) of the
Indian Penal Code lodged on 03.06.2023 by the informant,
Ramashankar Ram.
3. As per the prosecution story, the informant, a
Panchayat Secretary with Hatua Block, Gopalganj, alleged that
the petitioner, on the basis of certificate, joined as a teacher but
upon inquiry, it was found to be forged and accordingly, the FIR.
4. Learned counsel for the petitioner submits that her
certificate was genuine but now that the inquiry committee has
considered it as fake, she shall be pursing her civil remedy, she
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has resigned/dismissed, has no criminal antecedent and if granted
bail, shall be diligently cooperating in the investigation/trial.
5. Learned APP opposes the prayer submitting that
despite the long rope given by the Patna High Court in CWJC
No. 12663 of 2022, she chose not to resign which followed the
FIR.
6. Though it is unfortunate that Patna High Court in
CWJC No. 12663 of 2022 gave long rope to the accused and she
despite the same, chose not to resign but now that she has already
been dismissed, has no criminal antecedent, is a lady, FIR is there
and she shall be facing the music, in that background, this Court
is inclined to extend her the privilege of anticipatory bail with
conditions.
7. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the receipt
of this order, on furnishing bail bond of Rs. 10,000/- (Ten
thousand) with two sureties of like amount each to the
satisfaction of learned CJM, Gopalganj in connection with
Hathua P.S. Case No. 133 of 2023 subject to the following
conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhaar Card/Voter ID Card/Pan Card/Driving
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License) to show his/her bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial Court itself;
(iii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the investigation;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Adnan/-
U T
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