Punam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12171 of 2021 Arising Out of PS. Case No.-105 Year-2016 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== PUNAM DEVI, Wife of Shailendra Kumar Baitha Resident of VillageChandpur, P.S.- Maharaganj, District- Siwan ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumari Anupam For the Opposite Party/s :

Ms. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 24-02-2022 Heard Ms. Kumari Anupam, learned Advocate for the petitioner and learned APP for the State. The petitioner seeks bail in anticipation of her arrest in connection with G.B. Nagar P. S. Case No. 105 of 2016, instituted for the offence under Section 409 of the Indian Penal Code.

On the written complaint of the Block Education Officer, Maharajganj against the Incharge Principal of Primary School, Chandpur, Maharajganj, Siwan, a case was registered with the accusation that approximately Rs. 9,14,250/- has been withdrawn for construction of the building of the School but no construction had been made.

Patna High Court CR. MISC. No.12171 of 2021(2) dt.24-02-2022 2/3 The learned Advocate for the petitioner has submitted that she is the elected Secretary of the school and has not even been named in the F.I.R.

There is no accusation against her of having assisted the Incharge Headmaster in withdrawing the money and not carrying out the construction.

The Incharge Headmaster of the school against whom the main allegation has been levelled has been granted anticipatory bail by a Bench of this Court vide order dated 19.04.2019 passed in Cr. Misc. No. 25449 of 2019. Regard being had to the afore-noted facts and taking into account the gender of the petitioner, she is directed to be released on bail, in the event of her arrest or surrender before the court below within a period of six weeks from the date of receipt / production of a copy of this order, on her furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan, in connection with G.B. Nagar P. S. Case No. 105 of 2016, subject to the conditions as laid down under Section

Patna High Court CR. MISC. No.12171 of 2021(2) dt.24-02-2022 3/3 438 (2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T