Daya Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24211 of 2015 Arising Out of PS.Case No. -87 Year- 2014 Thana -SANGRAMPUR District- MUNGER ======================================================

1. Daya Devi, wife of Ram Pravesh Yadav

2. Ram Pravesh Yadav @ Ram Swarup Yadav, son of Mahabir Yadav Both resident of Village: Bhandar, P.O: Khapra, P.S: Sangrampur, District: Munger.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shree Niwas Singh For the Opposite Party/s : Mr. Surendra Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-09-2015 Heard learned counsel for the petitioner and the State.

The petitioners are seeking anticipatory bail in a case registered under sections 406, 409 and 420/34 of the Indian penal Code.

The prosecution case is that in the year 2012 a sum of Rs. 9,01,269/- was credited in the account of the school in question operated jointly by the petitioners and the Secretary thereof for the purpose of construction of additional class rooms and one room for the Headmaster. The same was not constructed as per the plan.

On behalf of the petitioners it has been

Patna High Court Cr.Misc. No.24211 of 2015 (3) dt.03-09-2015 2/3 submitted that petitioners have not criminal antecedent. It is further submitted that petitioners were only signatories upon the cheque. It has further been submitted that other co-accused has been granted bail by Cri. Misc. No. 10722 of 2015. From the perusal of the said order it appears that the payment of Rs. 9, 00000/- and odd out of retiral dues of the headmaster has been withheld by the authority. It is further submitted that the petitioners are ready to deposit jointly Rs. 20000/- in the court below which shall be subject to the final disposal of the case. On behalf of the State it is submitted that petitioners are named in the first information report. Considering the aforesaid submission, it is directed that petitioners shall deposit jointly an amount of Rs. 20,000/- in the court below which shall be subject to the final disposal of the case.

Considering the aforesaid condition, the above named petitioners 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 are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Chief Judicial Magistrate, Munger, in Sangrampur

Patna High Court Cr.Misc. No.24211 of 2015 (3) dt.03-09-2015 3/3 P.S. Case No. 87 of 2014, subject to the conditions as laid down under section 438(2) Cr.P.C.

(Sudhir Singh, J) M.Rahman/- U T