Sarita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13499 of 2019 Arising Out of PS. Case No.-78 Year-2017 Thana- SALAIYA District- Aurangabad ====================================================== Sarita Kumari Wife of Chandan Kumar Resident of Village - Bundi Bigha, P.O.- Pirthu, P.s.- Salaiya, Distt.- Aurnagabad. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sanjiv Sharan For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-03-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Aurangabad (Sadar) (Salaiya) P.S. Case No. 78 of 2017 for the offence under Sections 409 and 420/34 of the Indian Penal Code and Section 13(2) read with Section 13(1)(D) of the P.C. Act. The petitioner is wife of accused Chandan Kumar Ranjan. It is alleged that while functioning as Headmaster of Primary School, Teka Bigha, Madanpur, he misappropriated huge amount of money and used the petitioner's bank account for depositing the said misappropriated public money. The petitioner's husband is in custody.

Learned counsel appearing on behalf of the petitioner has submitted that there is no active participation alleged against the petitioner in misappropriation of money except that the said amount was deposited in the petitioner's

Patna High Court CR. MISC. No.13499 of 2019(2) dt.06-03-2019 2/2 account, which was operated by the petitioner's husband. Considering the submissions advanced on behalf of the petitioner, this application is allowed.

Let the petitioner above named, in the event of his arrest/surrender within eight weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Vigilance1st, Patna, in Salaiya P.S. Case No. 78 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present herself before the Police/Court, as the case may be, as and when required and in the event of failure on her part to appear before the Court on two consecutive occasions, her bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Pawan/- U T