Ruma Pathak And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46892 of 2016 Arising Out of PS.Case No. -181 Year- 2016 Thana -TEKARI District- GAYA ======================================================

1. Ruma Pathak, Wife of late Sant Kumar Mishra, Resident of VillageUsharidih, P.S.- Mehendia, District- Arwal.

2. Mukesh Kumar Mishra, Son of Deo Prasad Mishra, Resident of VillageSripalpur, P.S.- Masaurhi, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sahdeo Mishra, son of Hari Mohan Mishra, Resident of VillageSherpur, P.S.- Maner, District- Patna. .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.47743 of 2016 Arising Out of PS.Case No. -181 Year- 2016 Thana -TEKARI District- GAYA ====================================================== Navin Kumar Mishra, son of Late Nand Kumar Mishra, Resident of Village- Mau, P.S.- Tekari, District- Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Sahdeo Mishra, son of Hari Mohan Mishra, Resident of Village- Sherpur, P.S.- Maner, District- Patna.

.... .... Opposite Party/s ====================================================== Appearance :

(In Cr.Misc. No.46892 of 2016) For the Petitioner/s : Mr. Rajesh Kumar, Adv. For the Opposite Party/s : Mrs. Madhuri Lata, APP (In Cr.Misc. No.47743 of 2016) For the Petitioner/s : Mr. Rajesh Kumar, Adv. For the Opposite Party/s : Mrs. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-12-2016 Heard both sides.

The petitioners apprehend their arrest in Tekari (Mau) P.S. Case No. 181/2016, registered for the offences punishable

Patna High Court Cr.Misc. No.46892 of 2016 (2) dt.14-12-2016 2/3 under Sections 406, 420 and other sections of the Indian Penal Code.

The informant Sahdeo Mishra filed a complaint petition on the basis of which the present F.I.R. was lodged. The informant named the petitioners in the complaint petition, but did not make any sort of allegation against the petitioners. The gist of the allegation is that Rs. 37,91,600/- was deposited in the account of Dr. Jagarnath Mishra Inter College and Ashok Kumar Mishra Memorial Trust and the entire money was misappropriated. The informant made allegation against Vandana Kumari, as she was illegally appointed on the post of Principal of the College. Learned counsel for the petitioners submits that the petitioners are member of the trust and Navin Kumar Mishra is the staff of the trust. Vandana Kumari has already been enlarged on anticipatory bail vide order passed in Cr. Misc. 51209/16. The petitioner did not withdraw any amount. The concerned authority disbursed the entire amount amongst the teachers and staff, as their salaries.

Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be

Patna High Court Cr.Misc. No.46892 of 2016 (2) dt.14-12-2016 3/3 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-IX, Gaya in connection with Tekari (Mau) P.S. Case No. 181/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U T