Mamta Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25857 of 2019 Arising Out of PS. Case No.-14 Year-2019 Thana- BAKHTIARPUR District- Saharsa ====================================================== MAMTA KUMARI, Age 42 years, Female, Wife of Binod Rajak, Resident of Village-Sitanabad, P.S-Bakhtiarpur, District-Saharsa, Permanent R/o villageBhirkhi Ward No.25, P.S and District-Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-04-2019 Heard both sides.

The petitioner apprehends her arrest in Bakhtiarpur P.S. Case No.14 of 2019 registered under Sections 420, 406, 409, 467, 468, 471 of the Indian Penal Code.

The informant, Block Education Officer alleged that the petitioner and others being teachers and in-charge Headmaster of Utkramit Madhya Vidyalaya, Sitanabad(Chowk Bazar), Simri Bakhtiarpur embezzled Govt. fund meant for scholarship, school dress etc.

The learned counsel for the petitioner submits that the petitioner is an Assistant Teacher of the school. The Headmaster transferred Rs.29,100/- in the account of the petitioner but when the petitioner came to know about the transfer of Rs.29,100/- in

Patna High Court CR. MISC. No.25857 of 2019(2) dt.22-04-2019 2/2 her account, the petitioner returned the same in the account of school much prior to the institution of the case. From perusal of the F.I.R., it would appear that no specific allegation is made against the petitioner. It was the Headmaster of the school who was to distribute the school dress, scholarship among the students in their accounts and the petitioner has got no role to play in distribution of any fund of the school.

Taking into consideration the facts aforesaid, let the petitioner, above named, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa in connection with Bakhtiarpur P.S. Case No.14 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T