Rajiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14489 of 2015 Arising Out of PS.Case No. -245 Year- 2013 Thana -NANHPUR District- SITAMARHI ======================================================

1. Rajiya Devi W/o Shri Shatrughan Ram Resident of village - Maniadih, P.S. Nanpur, District - Sitamarhi, Secretary of School Education Committee, Maniadih .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dharmesh Kumar For the Opposite Party/s : Mr. Nand Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 07-04-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Nanpur Police Station Case No. 245 of 2013 registered for the offences punishable under Sections 409 and 420/34 of the Indian Penal Code.

The petitioner was Secretary of School Education Committee and she along with headmaster of the concerned school withdrew Rs. 7,95,000/- for construction work but no construction work was done and the entire amount was misappropriated. The contention on behalf of the petitioner is that the agreement of the work was executed by the Headmaster and the

Patna High Court Cr.Misc. No.14489 of 2015 (2) dt.07-04-2015 2/2 amount was withdrawn by the joint signature of petitioner and the concerned headmaster. Thereafter, the concerned headmaster purchased several materials for construction work but due to indifferent attitude of officials, the construction work could not be started.

It is further contended by him that after sometime, the construction work was started and the concerned Mukhiya gave certificate in respect of progress of the construction work. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of her arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi in Nanpur Police Station Case No. 245 of 2013, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) Namita/- U