Geeta Kumari @ Gita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9549 of 2024 Arising Out of PS. Case No.-377 Year-2023 Thana- MAIRWAN District- Siwan ====================================================== Geeta Kumari @ Gita Kumari W/O- Ramesh Prasad R/O- Village- Teachers Colony, Prangadhi Dham Road, P.S.- Mairwa, Dist.- Siwan Presently Posted As Head Master Of Upgraded Middle School, Babhanauli, P.S.- Mairwa, Dist.- Siwan.

... ... Petitioner/s

Versus

The State Of Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijay Prakash Singh, Adv.

For the Opposite Party/s :

Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Mairwa P.S. Case No. 377 of 2023, instituted for the offence punishable under Sections 409 and 420 of the Indian Penal Code.

3. The allegation against the petitioner, is that she has registered more number of students in school register than actually present. It has further been alleged that petitioner misappropriated the fund of Mid-day meal.

4. Learned counsel for the petitioner submits that the petitioner is innocent and she has been falsely implicated in this case. It is submitted that petitioner is Head Mistress in the Government upgraded Middle School, Mairwa, Siwan. It is submitted that on 13.12.2023 at about 2:50 pm, the Block

Patna High Court CR. MISC. No.9549 of 2024(2) dt.22-02-2024 2/2 Education Officer of mid-day meal inspected the school and found the presence of students were less than mentioned in school attendance register. It is submitted that on 13.12.2023, most of the students were present and they took mid-day meal during the period of interval but due to eve of Regional Pidiya Festival most of the students left the school after taking mid-day meal. It is also submitted that there is no complain against the petitioner by the guardian of the students in this regard. Lastly, it has been submitted that she has no criminal antecedent.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner in connection with Mairwa P.S. Case No. 377 of 2023, she shall be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VII, Siwan, subject to condition as laid down under Section 438(2) of the Cr.P.C..

(Khatim Reza, J) prabhat/- U T