Patna High Court
Shubhlata Kumari@ Nitu KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that anticipatory bail may be granted where the petitioner is a woman and the prosecution evidence does not warrant denial, subject to conditions under Section 482(2) of the BNSS.
Summary
Shubhlata Kumari (also known as Nitu Kumari) sought anticipatory bail fearing arrest in a 2021 case alleging offences under Sections 420, 467, 468, 471, 196, 197, 198 and 199/201 of the IPC for allegedly securing a Block Teacher post using a forged certificate. The prosecution contended that she obtained the appointment on the basis of another person's credentials, while the petitioner asserted she never held such a post and had only passed her intermediate examination in 2020, whereas the alleged appointment pertained to 2018. The State opposed the bail application. The Court, taking note of the petitioner’s gender, the factual matrix and the apparent weakness of the prosecution’s case, granted anticipatory bail subject to a bond of Rs.10,000 and two sureties, and conditioned it on compliance with Section 482(2) of the BNSS. The personal appearance of the Block Development Officer was dispensed with. Consequently, the petitioner was released on anticipatory bail if arrested within four weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged offences under the IPC.
- Whether the petitioner’s status as a woman and the evidentiary material justify the grant of bail.
Subjects
- anticipatory bail
- IPC sections 420,467,468,471,196,197,198,199,201
- false appointment
- women
- bail conditions
- Section 482(2) BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81737 of 2025
Arising Out of PS. Case No.-330 Year-2021 Thana- KHUSRUPUR District- Patna
======================================================
Shubhlata Kumari@ Nitu Kumari W/O Sunil Kumar Resident of Village -
Ganga bigha, P.S- Salempur, Dist.- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N A Shamsi
For the Opposite Party/s : Mr. Madan Kumar, APP
Mr. Sanjay Kumar Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 13-03-2026 Heard the learned counsel for the petitioner and
learned counsel for the State. Pursuant to the order dated
11.02.2026, the BDO, Khusrupur has appeared and assisted this
Court.
2. The petitioner apprehends arrest in connection with
Khusrupur P.S. Case No. 330 of 2021 registered for offences
under Sections 420,467, 468, 471, 196, 197, 198 and 199/201 of
the Indian Penal Code.
3. As per the prosecution case, one Nitu Kumari got
herself appointed as Block Teacher in Middle School,
Nuruddinpur on the basis of certificate of another person.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has not committed any offence.
He further submits that the petitioner never got any appointment
as a middle school teacher. He also submits that the petitioner
Patna High Court CR. MISC. No.81737 of 2025(5) dt.13-03-2026
2/2
passed her intermediate examination in the year 2020 and the
case of the prosecution is that the relevant appointment on the
post of Primary Teacher is related to the year 2018.
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. Considering the facts and circumstances of the case
and the fact that the petitioner is a woman, this application for
anticipatory bail stands allowed.
7. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of
the like amount each to the satisfaction of learned Court below
where the case is pending/successor Court in connection with
Khusrupur P.S. Case No. 330 of 2021 subject to the conditions
as laid down under Section 482(2) of the BNSS.
8. The personal appearance of the Block Development
Officer, Khusrupur is dispensed with.
(Sandeep Kumar, J)
Shishir/-
U T
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