Smt. Veena Prakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10479 of 2016 Arising Out of PS.Case No. -714 Year- 2015 Thana -LAKHISARAI District- LAKHISARAI ====================================================== Smt. Veena Prakash, wife of Laxmi Sharma, Reisdent of Village- Naya Bazar Pachna Road, Kiul Basti Ward no. 22, P.S. + District:- Lakhisarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ambika Bhagat, Advocate For the Opposite Party/s : Mr. Murli Dhar(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-05-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends arrest in connection with Lakhisarai (Kabaiya) P.S. Case No. 714/15 for offences alleged under Sections of the Indian Penal Code.

The prosecution case, as lodged by the Block Education Development Officer, Lakhisarai that Secretary Rubi Devi made complaint that petitioner has illegally withdrawn Rs. 3,26,000/- by forging her signature.

It has been submitted by the learned counsel for the petitioner that she being the Incharge Headmaster of Middle School at Naya Bazar allegations are false and she has been implicated on ground of some personal misunderstanding with the

Patna High Court Cr.Misc. No.10479 of 2016 (3) dt.19-05-2016 2/3 Secretary of the school Rubi Kumari. He further submits that the petitioner has no criminal antecedent and in discharge of her official duty for mid day meal certain amounts were withdrawn from time to time under the joint signature of the petitioner and the Secretary Rubi Kumari. He further submits that the bank officials have passed the cheques in favour of the school under the signature of the Secretary and have not found it to be forged. He submits that the matter is under investigation and the signature of the Secretary Rubi Kumari is yet to be verified by the Investigating Agency.

However, learned APP for the State submits that the petitioner is named in the First Information Report and the allegation has been alleged by the Secretary of the said school of her forged signature, hence, opposes the prayer for bail. Be that as it may, since the branch from which the amount was withdrawn has not supported the prosecutoin and the matter is still under investigation, let petitioner, above named, in the event of her arrest or surrender before the court below within a period of eight weeks from today, be released 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, Lakhisarai, in connection with Lakhisarai

Patna High Court Cr.Misc. No.10479 of 2016 (3) dt.19-05-2016 3/3 (Kabaiya) P.S. Case No. 714/15, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nilu Agrawal, J.) Rajesh/- U T