Seema Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1058 of 2019 Arising Out of PS. Case No.-327 Year-2016 Thana- MIRGANJ District- Gopalganj ====================================================== Seema Devi Wife of Anirudh Tiwary Resident of village - Surwania, P.S. - Mirganj, District - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mohammad Sufyan For the Opposite Party/s :

Mr.Sri Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Mirganj P.S. Case No. 327 of 2016 registered for the offence punishable under Sections 409 and 420 of the Indian Penal Code.

Informant is a Block Education Officer who in his written complaint has alleged that Principal of the school has not completed the construction of building and for which F.I.R. has been instituted.

It has been submitted on behalf of the petitioner that she is innocent and has been falsely implicated in this case. She is not named in the FIR. It has further been submitted on behalf of the petitioner that the FIR named accused has already been granted anticipatory bail by the court below itself. The other coaccused Saral Pandey, in-charge headmaster, has also been

Patna High Court Cr.Misc. No.1058 of 2019(2) dt.21-01-2019 2/2 granted bail by the court below itself on the ground that he has provided no dues certificate.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Mirganj P.S. Case No. 327 of 2016, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T