IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39367 of 2008 KALAWATI DEVI, W/o Late Prem Sao, R/o Village – Amaroot, P.S. – Dobhi, P.O. Dobhi, Distt. Gaya. Versus STATE OF BIHAR ----------- 2. 26.11.2008. Heard. Petitioner obtained service where she was required to produce certificate showing that she possesses minimum qualification of Matriculation or Madhyama. She submitted the certificate showing that she has passed Madhyama Examination and thereby secured the service. The veracity of the certificate submitted by the petitioner was enquiried from the Sanskrit Shiksha Board, which reported that the said certificate is forged one, since the petitioner though appeared in the Madhyama Examination from the said Board but, in fact, she had failed in the examination. Petitioner states that a particular person had handed over the said certificate to her. By forging a certificate to show that a candidate has passed Madhyama Examination while, in fact, she had failed, the person said to have handed over the certificate in question to the petitioner, in the normal circumstances, - 2 - cannot be benefited. On discovery that the certificate handed over by the petitioner is forged one, the services of the petitioner were brought to an end, which the petitioner has accepted. In the above circumstances, admitting the petitioner on anticipatory bail is not advisable. However, six other persons, who were also exactly in the same position as that of the petitioner and had also been accused in the same fashion in the same first information report, have been granted anticipatory bail by this Court. One of the orders granting anticipatory bail to two persons out of those six persons by this Court has been placed before this Court by filing a supplementary affidavit today in Court. A reading of the aforesaid order dated 26.8.2008, passed in Cr. Misc. No. 30700 / 2008, shows that correct facts were not placed before the Court when the aforesaid order was obtained. However, since the order dated 26.8.2008 passed in Cr. Misc. No. 30700/2008, has been obtained at the instance of other accused persons and when those persons are not present before this Court in the present litigation, it would - 3 - not be appropriate to do anything pertaining to the said order but, on the contrary, inasmuch as similarly circumscribed persons have been accorded anticipatory bail by this Court, it would be appropriate also to maintain similarity. In the circumstances, the petitioner is accorded the privilege of anticipatory bail. The application is accordingly allowed. In the event of arrest or surrender of the petitioner within six weeks from today, let the petitioner, namely, Kalawati Devi be released on bail on her furnishing bond in the sum of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Sherghati (Dobhi), Gaya in connection with Sherghaty (Dobhi) P.S. Case No. 174/2008, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. dk ( Barin Ghosh, J. )