Md. Abdul Qaiyum @ Md. Qaiyum v. The State Of Bihar

Patna High Court Cr.Misc. No.15930 of 2017 (3) dt.23-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15930 of 2017 Arising Out of PS.Case No. -286 Year- 2016 Thana -KRITYANAND NAGAR District- PURNIA ====================================================== Md. Abdul Qaiyum @ Md. Qaiyum, S/o Amiruddin, Resident of VillageChakla, P.S.- K.Nagar, District- Purnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Mallick For the Opposite Party/s : Mr. Sri Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with K. Nagar (Maranga) P.S. Case No. 286 of 2016, registered under Sections 406, 409, 420, 467, 468 and 471 of the Indian Penal Code.

The accusation is that petitioner being the teacher of Middle School, Gouasi, withdraw Rs.13,42,800/- for construction of additional class room to the Oriental Bank of Commerce, Purnia Branch, but the construction work was not completed and Rs.11,12,050/- was misappropriated by this petitioner.

Learned counsel for the petitioner submits that after withdrawing the money he was transferred from the said school due to that reason the construction work was not completed

Patna High Court Cr.Misc. No.15930 of 2017 (3) dt.23-08-2017 and after few months he was again transferred to Middle School, Gouasi. Moreover, the petitioner is ready to deposit cash of Rs. Rs.11,12,050/- in the aforesaid bank within two months. Having regard to the facts and circumstances of the case and undertaking of the petitioner to deposit Rs. Rs.11,12,050/- in the aforesaid bank within two months, 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 S.D.J.M., Purnea, in connection with K. Nagar (Maranga) P.S. Case No.

286 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 cash of Rs.11,12,050/- in the Oriental Bank of Commerce, Purnia Branch within two months, the provisional bail of the petitioner shall be confirmed by the court below. If the petitioner fails to submit the receipt of showing the deposit of Rs.11,12,050/-, the court below will cancel his bail bond.

Accordingly, the application is disposed of.

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