Uma Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31109 of 2015 Arising Out of PS.Case No. -68 Year- 2015 Thana -KAHALGAON District- BHAGALPUR ======================================================

1. Uma Kumari Wife of Late Raghu Nandan Jaisawal resident of village - Kagji Tola, Kahalgaon, P.S. Kahalgaon, Distt. - Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Swapnil Kumar Singh For the Opposite Party/s : Mr. Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 09-05-2016 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioner apprehends his arrest in connection with Kahalgoan P.S. Case No. 68 of 2015 for the offences registered under Sections 188, 353 and 409 of the Indian Penal Code.

Learned counsel for the petitioner submits that the allegation against the petitioner is that she had not handed over financial charge to the subsequent Head Master, who was posted in Ganguly Middle School, Kahalgoan. There is no allegation of any misappropriation or defalcation of

school money. It is further submitted that on account of such charge, the petitioner is already facing departmental proceeding.

It is further submitted that if at all, there is any hindrance in the discharge of official duties, there being no financial irregularity on her part, and thus the petitioner may be extended the benefit of pre arrest bail. It is further submitted that petitioner was suspended and her suspension has already been revoked in connection with the aforementioned charges.

Learned counsel for the State after perusal of the case diary submits that save and except the aforementioned allegation, there is no further allegation of misappropriation against the petitioner. Considering the aforementioned facts and circumstances of the case, let the petitioner, above named, in the event of his 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, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of

the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur in connection with Kahalgoan P.S. Case No. 68 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) Jagdish/- U T