Ful Kumari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27457 of 2017 Arising Out of PS.Case No. -19 Year- 2016 Thana -BHARGAWAN District- ARRARIA ====================================================== Ful Kumari Devi, wife of Upendra Risideo, resident of Village- Dhangara, Police Station- Bhargama, District- Araria.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. Sri Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner and the State. The petitioner is an accused in Bhargama P.S. Case No. 19 of 2016 for the offence under sections 420 and 409/34 of the Indian Penal Code.

FIR was lodged at the instance of the Incharge Block Education Officer, Bhargama. The allegation in sum and substance is that for construction of two school buildings Rs. 20, 43,900/- have been made available to the School Education Committee Primary School, Dhangara Musahari. The petitioner is the Secretary of the said School Education Committee, Primary School, Dhangara, Musahari. The allegation of misappropriation of fund was levelled against the petitioner on the ground that the construction work of the school building was not completed.

Patna High Court Cr.Misc. No.27457 of 2017 (2) dt.06-07-2017 2/2 There is statement in paragraph 6 that due to disturbance of miscreants, the construction work was not completed. However, substantive construction has been made and the materials are kept in school for completion of the rest construction work.

Having regard to the fact that the petitioner is in custody since 29.3.2017 and in para-3 there is statement on affidavit that the petitioner has no criminal antecedent and also the fact that the petitioner in paragraph 10 of the petition has categorically stated that on release from custody she with the help of co-accused Head Master will complete the rest construction work of the school building, let the petitioner, named above, 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, Araria, in connection with Bhargama P.S. Case No. 19 of 2016 on the condition that the petitioner will extend full cooperation in the trial and will not, in any manner, influence the evidence or the witnesses.

(Anil Kumar Upadhyay, J) Ravi/- U T