Madan Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4766 of 2016 Arising Out of PS.Case No. -73 Year- 2014 Thana -NAWANGAR District- BUXAR ======================================================
1. Madan Ram Son of Late Babu Lal, Resident of Village - Pakri, Post Office - Pakri, Near Gas Agency, Pakri Ara, P.S. - Nawada (Ara), District - Bhojpur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bipin Kumar Sinha, Advocate For the Opposite Party/s : Mr. Yogendra Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-02-2016 Heard learned counsel for the petitioner and the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 406, 409, 420, 467, 468, 471, 166, 166A, 504/34 of the Indian Penal Code.
The prosecution case got initiated on the basis of a complaint filed by Surendra Tiwary, the then In-charge Principal of Girls High School, Sonbarsa, which was ultimately registered as police case after being transferred to the police under Section 156 (3) of the Cr.P.C. The prosecution case is that the then Secretary Shiv Narayan Ram and the Headmistress Sudha Rani misappropriated Rs. 3,50,000/- after withdrawing from
Patna High Court Cr.Misc. No.4766 of 2016 (2) dt.04-02-2016 the Madhya Bihar Gramin Bank, where the petitioner was Branch Manager at the relevant time. Though the Secretary was removed from his post by the Competent Authority.
It is submitted by the learned counsel for the petitioner that considering the fact that the distribution was made amongst the girls students of the school in presence of the Officer In-charge of Nawanagar Police Station, the Block Extensions Education Officer, the District Education Officer, Buxar, the Mukhiya, the Deputy Prakhand Pramukh of the Block and other people of the said locality and the students had put their respective signature acknowledging receipt of the amount, when the whole distribution was videographed also, the then Secretary Shiv Narayan Ram and Headmistress Sudha Rani Srivastava have been granted anticipatory bail vide Cr. Misc. No. 49287 of 2015 by a Coordinate Bench of this Court.
Considering the fact that thrust of accusation against the then Headmistress and the Secretary of the School who have been granted bail by a Coordinate Bench of this Court, let the above named petitioner be released on bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Nawanagar P.S.
Patna High Court Cr.Misc. No.4766 of 2016 (2) dt.04-02-2016 Case No. 73 of 2014, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Dinesh Kumar Singh, J) P.K./- U T