Dhirendra Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.15709 of 2016 (2) dt.16-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15709 of 2016 Arising Out of PS.Case No. -68 Year- 2015 Thana -JAMHORA District- AURANGABAD ====================================================== Dhirendra Kumar Ex Head Master Incharge Middle School, Batura, P.S. Jamhore, District Aurangabad (Bihar) Son of Late Jagdeo Ram R/o Mohalla Daudngar, Ward No. 16, P.o. And P.S. Daudnagar, District Aurangabad .... .... Petitioner

Versus

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

For the Petitioner : Mr. Kamlendra Pd. Singh, Adv For the Opposite Party : Mr. Dr.Ajit Kumar, 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 his arrest in connection with Jamhore P.S. Case No. 68 of 2015 for the offences instituted under Sections 409 and 420 of the Indian Penal Code. As per the prosecution case, it is alleged that this petitioner being In-charge Headmaster, Middle school Batura has withdrawn Rs.3,50,000/- from the Govt. account for the purpose of distribution of dress and scholarship, transportation and other purpose, but the same has not been distributed against the students and the same has been misappropriated by the petitioner. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. Prior to the institution of the present case, number of complaints were made by the

Patna High Court Cr.Misc. No.15709 of 2016 (2) dt.16-05-2016 petitioner against the informant vide Annexure-3 series. The present case has been instituted against the petitioner by the informant with an intention to falsely implicate him. It is further submitted that the petitioner is ready to deposit an amount of Rs.40,000/- in the court below which shall be subject to the final disposal of the case.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner shall deposit an amount of Rs.40,000/- in the court below which shall be subject to the final disposal of the case and on doing so, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of eight weeks from today in connection with Jamhore P.S. Case No. 68 of 2015 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, Aurangabad, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) B.Kr./- U T