Lalita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16241 of 2025 Arising Out of PS. Case No.-87 Year-2019 Thana- LAKHISARAI District- Lakhisarai ====================================================== Lalita Kumari Wife of Arun Kumar Resident of Sharpur Chaukhandi, Ward No.05, P.S. - Basdeopur, District - Munger, At present Teacher Primary School, Dom Toli Bannubaghicha, P.S. - Kiul, District - Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabi Bhushan For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 02-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest in connection with Lakhisarai P.S. Case No. 87 of 2019 registered for the offences punishable under Sections 409 and 120B of the IPC.

3. The prosecution case as per the written report of the District Program Officer (Establishment), Education Department, Lakhisarai submitted to the SHO, Lakhisarai is to the effect that the informant being the Program Officer came to know through a complaint filed by the petitioner that the then clerk Umeshwar Nath who got superannuated on 31.12.2016, on 30.12.2016, got his signature forged in connivance with the then Program Officer Shyambabu Ram, on advice documents and the

Patna High Court CR. MISC. No.16241 of 2025(2) dt.02-04-2025 2/3 petitioner fraudulently embezzled the amount of Rupees Two Lacs Ninety Thousand Six Hundred Twelve and got it transferred in her own bank account.

4. It is submitted by learned counsel for the petitioner that in fact the petitioner submitted a complaint against the Head Master Saurabh Kumar Ram but that complaint has been misused and the present FIR has been registered against the petitioner and in fact the alleged amount of Rupees Two Lacs Ninety Thousand Six Hundred Twelve was transferred in the bank account of the petitioner as her salary and maliciously in the present case, the informant has now raised the question with regard to legality of appointment of petitioner as teacher. The petitioner is still working and no proceeding has been initiated against her. Admittedly, the alleged amount has been transferred in the respective bank account of the petitioner and other similarly situated persons with the signature of the then Program Officer.

5. Learned APP submits that it appears that fraudulently the amount has been transferred in the account of the petitioner.

6. Considering the fact that no proceeding with regard to alleged illegal appointment of the petitioner has been

Patna High Court CR. MISC. No.16241 of 2025(2) dt.02-04-2025 3/3 initiated by the authorities concerned and the transfer of amount has been made by signature of the then Program Officer coupled with the fact that petitioner is a lady and she is still working, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 6 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Lakhisarai in connection with Lakhisarai P.S. Case No.87 of 2019, subject to the conditions laid down in Section 438(2) of the Cr.P.C.

(Sandeep Kumar, J) Vikas/- U