Jaibul Bibi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9348 of 2016 Arising Out of PS.Case No. -79 Year- 2014 Thana -CHANDRAMANDI District- JAMUI ======================================================

1. Jaibul Bibi Wife of late Md. Jayum Ansari Resident of Village Simultalla Luxmipur P.s Chandramandih Distt Jamui.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party : Mr. Ahmad Ali(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 17-05-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner is apprehending his arrest in connection with Chandramandih PS case no. 79 of 2014 for allegedly having committed the offence under Sections 408, 409, 419, 420, 467, 468, 469, 471 420 of the Indian Penal Code. The petitioner is a Secretary of Utkramit Middle School and it is alleged that she along with the Headmaster of the school withdrew money which was meant for construction of school building but the said construction work was not performed. It is submitted on behalf of the petitioner that the petitioner is a lady and Secretary of the school and so, in good faith and on instruction from the Headmaster, signed on the cheques so as to release money for the construction of the school.

Patna High Court Cr.Misc. No.9348 of 2016 (3) dt.17-05-2016 2/2 It is further submitted that when she came to know about the alleged defalcation by the Principal, she organized a panchayat and thereafter the Headmaster has agreed to construct the school. It is further submitted that whatever amount was withdrawn in the name of construction of school by the Headmaster, the same was deposited in his account.

In view of the aforementioned facts and circumstances and that she was not responsible for the construction work but the Principle alone was assigned the duty for such constructions, let the petitioner, abovenamed, in the event of her arrest or surrender before the Court below within a period of four weeks from the date of receipt/ production of a copy of this order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M. 2nd Jamui, in connection with Chandramandih PS case no. 79 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J.) rinkee/- U