Smt. Kumari Meera Bharati @ Smt. Kumari Bharati v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6315 of 2017 Arising Out of PS.Case No. -97 Year- 2016 Thana -PATEPUR District- VAISHALI(HAJIPUR) ====================================================== Smt. Kumari Meera Bharati @ Smt. Kumari Bharati, Ex. Headmaster of R.P. School, Bajitpur Kartar, aged about 26 years, W/o Pradeep Kumar Chaudhary, Resident of Village- Ababkarpur Kowahi, P.S.- Patepur, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satya Prakash Sinha For the Opposite Party/s : Mr. Sri Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends her arrest in connection with Patepur P.S. Case No. 97 of 2016, registered under Sections 406 and 406 of the Indian Penal Code.

The accusation is that in the financial year 201011, fund of Rs.11,75,000/- was allotted for construction of building of Rajkiya Prathmick School, Bajitpur Katra, Patepur Block, Vaishali. The petitioner being the then Head Master of Rajkiya Prathmick School, Bajitpur, withdraw Rs.9,65,000/- for construction of building of the school but, on inquiry, work of only Rs.6,25,524/- was done and Rs.3,38,476/- was

misappropriated by this petitioner.

Learned counsel for the petitioner submits that, in fact, Rs.9,65,000/- was withdrawn with the joint signature of petitioner and Panchayat Secretary, Smt. Shakila Devi but the work of the said amount could not be completed due to transfer of the petitioner. Moreover, petitioner is ready to deposit Rs.3,38,476/- in the account of school on protest. Having regard to the facts and circumstances of the case and submission of learned counsel for the petitioner, let the above named petitioner be released on provisional bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Patepur P.S. Case No.

97 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C. If the petitioner submits the receipt regarding depositing of Rs.3,38,476/- within eight months in the account of school, the provisional bail of the petitioner would be confirmed by the court below. If the petitioner fails to submit the receipt of showing the deposit of Rs.3,38,476/-, the court below will be at liberty to cancel his bail bond.

Accordingly, the application is disposed of.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T