Sumitra Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15836 of 2016 Arising out of PS.Case No. -10 Year- 2013 Thana -SHIWAPATHI District- MUZAFFARPUR ====================================================== Sumitra Devi, W/o Late Laxman Rai, resident of Village - Chatursi, Police Station - Siwaipatti, District - Muzaffarpur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Shailendra Kumar Dwivedi, Advocate. For the Opposite Party : Mr. Ganesh Pd. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending her arrest in connection with Siwaipatti P.S. Case No. 10 of 2013 for the offences instituted under Sections 409 and 420 of the IPC. The prosecution story, in brief, is that the petitioner and co-accused after forgery, took out money of the Government School from the Bank.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The petitioner is the Secretary of the School and the co-accused is the Incharge Headmaster of the School. By the signature of the petitioner and co-accused, an amount of Rs. 1,62,500/- was withdrawn. From

Patna High Court Cr.Misc. No.15836 of 2016 (2) dt.16-05-2016 2/2 perusal of Annexure-2, it is evident that the said amount has already been deposited back with the District Programme Officer and a certificate has also been issued in this respect. The petitioner is a lady.

On behalf of the State it has been submitted that the petitioner is not named in the F.I.R. and the amount misappropriated has already been returned back by co-accused. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of her arrest or surrender before the learned court below within a period of six weeks from today in connection with Siwaipatti P.S. Case No. 10/2013 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Muzaffarpur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T