Kumari Asha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17652 of 2017 Arising Out of PS.Case No. -160 Year- 2012 Thana -HATHAURI District- MUZAFFARPUR ======================================================
1. Kumari Asha, Wife of Abhinav Kumar Shahi @ Abhay Kumar Shahi, Resident of Village - Baluanhan, P.S. - Hathauri, District - Muzaffarpur. .... .... Petitioner
Versus
1. The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Hari Kishore Thakur, Adv. For the Opposite Party : Mr. Shyam Kumar Singh, APP 138 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-04-2017 Heard the learned counsel for the petitioner and the State.
This is a petition for grant of anticipatory bail for offence under Section 409/34 of the Indian Penal Code. Rupees five lakh and odd was allocated for construction of the school building where the petitioner was a principal. The work of Rs.1,59,343/- was only done and allegation is that remaining amount of Rs.3,95,757/- has been misappropriated by the petitioner.
The learned counsel for the petitioner submits that the petitioner is ready to deposit the aforesaid amount in the Government account under protest within three months from today.
Considering the aforesaid fact, the petitioner, above named, in the event of his arrest or surrender,
Patna High Court Cr.Misc. No.17652 of 2017 (2) dt.26-04-2017 2/2 within four weeks from the date of receipt of this order, be released on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Hathauri P.S. Case No. 160 of 2012 to the satisfaction of the Sub Judge X-cum-Additional Chief Judicial Magistrate X, Muzaffarpur, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.
If the petitioner would not produce the receipt of deposit of the aforesaid amount within three months, the Court below shall be at liberty to cancel the bail bond of the petitioner and take coercive step against the petitioner. (Birendra Kumar, J) SA/- U √ T √