Nilufar Jabin @ Nilufarjawi v. The State Of Bihar

Patna High Court Cr.Misc. No.38509 of 2014 (2) dt.01-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38509 of 2014 Arising Out of PS.Case No. -55 Year- 2014 Thana -RAGHOPUR District- SUPAUL ======================================================

1. Nilufar Jabin @ Nilufarjawi Wife of Md. Jawed resident of Village AND Post Office - Bansitikar, Police Station - Sabour, District - Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Syed Masleh-Uddin Ashraf For the Opposite Party/s : Mr. Ram Priya Sharan Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-04-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. The petitioner was the Headmistress of Urdu Primary School, Lalpur ( Pipra) under the District of Supaul. It is alleged in the First Information Report that she misappropriated the amount meant for Mid-day-meal scheme by wrongfully recording the attendance of the students. Learned counsel appearing on behalf of the petitioner has submitted, referring to the First Information Report that there is no specific allegation against the petitioner as to how the petitioner misappropriated the amount. Learned counsel for the petitioner further submits that the petitioner being a Government servant is not likely to jump the privilege of bail, if such privilege is granted

Patna High Court Cr.Misc. No.38509 of 2014 (2) dt.01-04-2015 to her.

It has further been submitted that the institution of the present case is as a matter of fact, fall out of an earlier case instituted by her being Raghopur P.S. Case No. 232 of 2013 dated 19.12.2013 against her own husband and Secretary of the School Md. Maslehuddin.

Be that as it may, in the facts and circumstances of the present case, let petitioner above named in the event of her arrest/surrender within four weeks from today in the court below, be released on bail on furnishing bail bond of Rs. 10,000/(ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Birpur (Supaul) in Raghopur P.S. Case no. 55 of 2014, subject to the terms and conditions as laid down under Section 438(2) of the Cr.P. C.

(Chakradhari Sharan Singh, J) ArunKumar/- U