Savita Devi And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12454 of 2016 Arising Out of PS.Case No. -2627 Year- 2008 Thana -SIWAN COMPLAINT CASE DistrictSIWAN ======================================================

1. Savita Devi, wife of Sri Raj Narayan Mishra

2. Harendra Prasad Rastogi @ Harendra Rastogi, son of Late Ram Jee Prasad @ Ramjee Prasad Both are resident of village- Rampur Kothi, P.S.- Bhangwanpur Hat, District- Siwan .... .... Petitioner/s

Versus

1. The State of Bihar

2. Raj Kishore Singh @ T.I., son of Late Jawahar Singh, Village- Rampur, P.S.- Bhangwanpur, District- Siwan .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioners : Mr. Manish Kumar No.13, Advocate Mr. Rohit Kumar, Advocate For the Opposite Party/s : Mr. Satyavrat Verma(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 10-05-2016 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. The petitioners are apprehending their arrest in connection with Complaint Case No.2627© of 2008 (T.R. No.1774 of 2016) for allegedly having committed the offences under Sections 323, 406, 409, 418, 420, 467, 468, 469, 471, 506 and 120B of the Indian Penal Code.

Learned counsel for the petitioners submits that there is an allegation of irregularity in the Mid-day Meal Scheme of Rajkiya Madhya Vidyalaya, Rampur Dhighri. Petitioner No.1

Patna High Court Cr.Misc. No.12454 of 2016 (3) dt.10-05-2016 2/3 is the Secretary and Petitioner No.2 is the President of the said School. It is alleged that these petitioners along with other coaccused persons had committed irregularities in disbursing the mid-day meals to the children of the aforementioned School. Learned counsel for the petitioners submits that earlier a P.I.L. came before this Court, wherein liberty was granted to the petitioners of the PIL to approach an appropriate authority, namely, the District Magistrate, with their grievances and thereafter, the matter would be considered. It is submitted that no concrete material has emerged in the enquiry report.

It is further submitted that though the enquiry report has been submitted by the appropriate authority, there is no specific allegation as against the present petitioners in the said report. Considering the aforementioned facts and circumstances, let the petitioners, above named, in the event of their 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 bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Smt. Divya Vashistha, learned Judicial Magistrate,1st Class, Siwan, in connection with Complaint Case No.2627© of 2008 (T.R. No.

Patna High Court Cr.Misc. No.12454 of 2016 (3) dt.10-05-2016 3/3 2016), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T