IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22177 of 2009 Vijay Kumar Vijay, son of Late Sachidanand Prasad, Resident of Village-Sri Chandpur, P.O.-Harnaut, Nalanda, Presently residing at- Quarter no. E/25, Koshi Colony, Birpur, P.S.-Birpur, District- Supaul. –Petitioner. VERSUS The State of Bihar - Opposite Party. ----------- 02 14.07.2009 The petitioner apprehends arrest in Supaul P.S. Case No. 258 of 2007 registered for the offences under Sections 420, 467, 468 and 471 of the Indian Penal Code. It is alleged that the petitioner while seeking employment under the Rural Development Department as a Junior Engineer made application annexing therewith matriculation certificate granted by the Bihar School Examination Board dated 16th August, 1983. On petitioner being appointed verifications were made with regard to the papers submitted by the petitioner. The Bihar School Examination Board responded by stating that the petitioner’s date of birth is 3rd February, 1967, as per their records, and not 3rd February, 1969 as appearing on the certificate filed by the petitioner. Certificate showed overwriting in the year. Petitioner is thus being prosecuted. Mr. Suraj Narain Prasad Sinha, learned Senior counsel appearing for the petitioner draws attention of this Court to the certificate aforesaid. He points out that the certificate would show that there were other typographical mistakes therein as well. The certificate shows that the petitioner was the daughter of Sri Sachidanand Prasad. He then refers to other contemporaneous documents to show that everywhere before and after the certificate was issued the date of birth of petitioner has been show to be 3rd February, 1969. He further 2 submits that apparently the mistake was committed by the Board in issuing the certificate more than three decades back and somewhere along the line some corrections were made that is now being taken to be with a mala fide intention. Considering the contemporaneous documents and other facts and circumstances, I direct that during investigation the petitioner, Vijay Kumar Vijay if surrenders before the Court below within four weeks from today he shall not be arrested and released on bail on his furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of Chief Judicial Magistrate, Supaul in connection with Supaul P.S. Case No. 258 of 2007, subject to all conditions as laid down in Section 438 (2) of the Criminal Procedure Code. Trivedi/ (Navaniti Prasad Singh, J.)