Smt. Anita Kumari @ Anita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6456 of 2018 Arising Out of PS.Case No. -195 Year- 2015 Thana -PARWATTA District- KHAGARIA ====================================================== Smt. Anita Kumari @ Anita Kumari, Wife of Anil Gupta @ Anil Kr. Gupta, resident of Village- Kanhai Chak, P.S.- Parbatta, Dist.- Khagariya. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Chandra Shekhar Prasad, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 07-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 26.11.2017 in connection with Parbatta P.S. Case No. 195 of 2015, G.R. No. 1624 of 2015 for the offences alleged under Sections 406, 409, 420, 34 of the Indian Penal Code.

3. It is submitted that the petitioner who happens to be the Headmaster of the concerned school has been falsely implicated in connection with alleged misappropriation of the first instalments of Rs. 10,40,774/- for construction of school building out of which work for the tune of only Rs. 2,27,000/- has been done.

4. It is submitted that work of construction for the amount in question has duly been completed and the second

instalments of Rs. 2,50,000/- has been released to the petitioner for further construction of work, as evident from letter no. 125 dated 12.09.2016 and letter no. 1312 dated 26.09.2016. The petitioner claims clean antecedents.

5. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 1st, Khagaria, in connection with Parbatta P.S. Case No. 195 of 2015, G.R. No. 1624 of 2015, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, her bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make herself available as and when so required and in case of failure, the State shall be at

liberty to move for cancellation of bail.

(Vikash Jain, J) Md. Ibrarul/- U T