Sandeep Kumar, J.—Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners apprehend their arrest in connection with Magadh University P.S. Case No. 73/2019 registered for the offences punishable under Sections 406/409/420/467/468/ 471/120(B) of the Indian Penal Code.

3. As per the prosecution case, on 10.10.2018, the orders of affiliation of Siya Balmiki Evening College, Gita Nagar, Nawada was received with recommendation of two members of the syndicate. The College was inspected on various dates beginning from 27.11.2021 till 27.11.2016 and altogether six inspections were done. All the inspection reports were used to be placed before the Statutory Body i.e., Academician Council, Syndicate and Senate and the proposal for approval of affiliation were forwarded to the Higher Education Department, Government of Bihar. The State Government disapproved the proposal for permanent affiliation of the said college from the Session 2017-18 by letter dated 23.07.2018. The letter dated 23.07.2018 was challenged by the College through the petitioner Baby Kumari in her capacity as Secretary of the said College by filing a writ petition vide C.W.J.C. No. 20385 of 2018.

4. This Court on 11.10.2018, directed the State Government to enquire into and as to under what circumstances recommendation was made for permanent affiliation and also whether the students who were admitted in the Evening College were office employees as required under the statute and it was directed that if in the enquiry, any forgery was found to be committed for grant of permanent affiliation then the criminal case was to be registered thereafter the enquiry was conducted and the Two Member Enquiry Committee submitted its report on 22.11.2018 by which various illegalities were pointed out. Thereafter, by the order dated 12.12.2018, this Court directed for deep enquiry and a committee was constituted by the Hon’ble Chancellor who submitted a detail report dated 29.04.2019 pointing out the illegalities. The Enquiry Committee found that the College had no land of its own and the land was on lease and the land was unregistered, the spot verification was not done by the Inspecting Team constituted by the University. The Admission Register, Cash Book, Attendance Register were not inspected. No query was made from the students and no reference was found in the inspection report as to whether there is approach road to the College or not, where the college is situated. There was no reference about the College building and the report of the inspection team was just a table report prepared on the statement of the college members and its Secretary and the F.I.R. was instituted against the members of the Inspection Team and the Principal, namely, Premjeet Kumar (petitioner) and the Secretary Baby Kumari (Petitioner) and others.

5. It has been submitted by learned counsel for the petitioners that Baby Kumari was the Secretary of the College, she is the wife of the Principal, Premjeet Kumar and she has no role to play in the illegalities being committed by the Principal. It has further been submitted that no document whatsoever has been signed by Baby Kumari and she is merely a name lender who has acted upon the instruction of her husband Premjeet Kumar, the petitioner.

6. Learned A.P.P. has not been able to point out any overtact on behalf of the petitioner Baby Kumari.

7. There is no material to show that Baby Kumari was directly involved in the illegal admissions and illegal grant of temporary affiliation to the College.

8. In view of the above, the prayer for grant of bail of the petitioner Baby Kumari (Cr. Misc. No. 7823 of 2021) is allowed.

9. So far as the case of the petitioner Premjeet Kumar is concerned, he is the Principal of the College and he is the main person who has committed the entire fraud.

10. This case has been started pursuant to the order dated 11.10.2018 passed in Cr. Misc. No. 20385 of 2018. The order reads as f