Rinki Kumari v. The State Of Bihar

Patna High Court Cr.Misc. No.11558 of 2015 (3) dt.30-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11558 of 2015 Arising Out of PS.Case No. -191 Year- 2014 Thana -RANIGANJ District- ARRARIA ======================================================

1. Rinki Kumari wife of Prabin Kumar Incharge Head Mistress of Primary School Brahmotar Tola Kupari, P.S. Raniganj, District Araria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amod Kumar Singh For the Opposite Party/s : Mr. Indu Bala Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 30-04-2015 Heard learned counsel for the petitioner as well as leaned Additional Public Prosecutor for the State. The petitioner apprehends her arrest in connection with Raniganj P.S. Case No. 191 of 2014 registered under Sections-420/409 of the Indian Penal Code.

The accusation against the petitioner is that she along with one co-accused, namely Smt. Dhanwanti Devi withdrew huge amount for construction work but no construction work was done and accordingly, it is alleged that the petitioner and other coaccused, Smt. Dhanwanti Devi, defaulted the huge government amount.

The contention on behalf of the petitioner is that the construction work could not be started due to some unavoidable

Patna High Court Cr.Misc. No.11558 of 2015 (3) dt.30-04-2015 circumstances but now, the construction work has already been started and the same shall be completed within a month. Considering the aforesaid facts and circumstances as well as submission of the parties, let the petitioner named above, in the event of her arrest or surrender within four weeks from the date of receipt/production of copy of the order in the court below, be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Raniganj P.S. Case No. 191 of 2014 to the satisfaction of learned Chief Judicial Magistrate, Araria subject to the conditions as laid down u/S 438(2) of the Cr. P.C.

However, the concerned court shall take a report from Block Education Officer, Raniganj about the completion of the work in question, after two months from the date of release of the petitioner and if, it is found that the construction work has not been completed, the learned court below shall cancel the bail bonds of the petitioner.

(Hemant Kumar Srivastava, J) A.K.V./- U T