Kabita Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.12094 of 2016 (3) dt.05-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12094 of 2016 Arising Out of PS.Case No. -139 Year- 2015 Thana -CHAINPUR District- BHABHUA (KAIMUR) ======================================================

1. Kabita Devi Wife of Haridwar Ram, Resident of village- Kakari Kundi, P.s.- Chainpur, District- Kaimur at Bhabua .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jyoti Ranjan Jha For the Opposite Party/s : Mr. Gopesh Kumar (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 05-05-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner being Secretary of the school is apprehending her arrest in connection with Chainpur P.S. Case No. 139/2015 registered for the offences punishable under Sections 420, 409, 34 of the Indian Penal Code. The case diary was called for in the present case which has since been received.

Learned counsel for the petitioner submits that the petitioner is an illiterate lady and the main transactions were being performed by the Headmaster who after making the construction used to get the cheques signed by her. It is submitted that it was in the good faith that she had made the said endorsements on the

Patna High Court Cr.Misc. No.12094 of 2016 (3) dt.05-05-2016 cheques.

Learned counsel appearing on behalf of the State after perusal of the case diary submits that it has come on record that it was only the headmaster who have been making regular payments and it was on his report the funds were released. Considering the aforementioned facts and circumstances and the nature of the allegation, let the petitioner above named, 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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Chainpur P.S. Case No. 139/2015 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjana Mishra, J.) Amit/- U T