Rahda Raman Puri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55606 of 2016 Arising Out of PS.Case No. -109 Year- 2016 Thana -OBRA District- AURANGABAD ====================================================== Rahda Raman Puri, Son of Late Yadu Nandan Puri, resident of Phatak Puri Mohalla, Ward No. 21, Daud Nagar, P.S.- Daud Nagar, DistrictAurangabad. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Kumar Dubey, Adv. For the Opposite Party/s : Mr. Manoj Kumar - 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-03-2017 Heard both sides.
The petitioner apprehends his arrest in Obra P.S. Case No. 109/2016, registered for the offences punishable under Sections 409 and 420 of the Indian Penal Code. The allegation against Upendra Kumar Singh and the petitioner Radha Raman Puri is that under scheme no. ACR/2 of the year 2005-06 of Sarva Shiksha Abhiyan Rs. 2,66,075/- was drawn by Upendra Kumar Singh by the then headmaster of Madhya Vidyalaya, Tara, but he constructed the building worth Rs. 1,99,556/-. Radha Raman Puri (petitioner) took charge from
Patna High Court Cr.Misc. No.55606 of 2016 (3) dt.08-03-2017 2/3 Upendra Kumar Singh in the year 2006 and he also withdrew amount, but did not construct the building.
Learned counsel for the petitioner submits that the petitioner did not withdraw any single farthing. A report was called for and Block Education Officer, Obra, Aurangabad reported that Rs. 2,66,075/- was withdrawn by Upendra Kumar Singh the then headmaster of the school. He spent Rs. 2,12,744/- for construction of school building. The remaining amount of Rs. 53352/- was lying in the account no. 2954. The petitioner took charge from Upendra Kumar Singh on 16.11.2006. It is further reported that on 14.05.2010 Rs. 20,000/- was deposited by Upendra Kumar Singh.
Considering the facts aforesaid and the fact that the petitioner is ready to deposit Rs. 30,000/- in the treasury within two months from today, subject to the result of this case, the petitioner above-named, in the event of his 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, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Daudnagar, Aurangabad in connection with Obra P.S. Case No. 109/2016,
Patna High Court Cr.Misc. No.55606 of 2016 (3) dt.08-03-2017 3/3 subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
(Prabhat Kumar Jha, J.) Vinita/- U T