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Patna High CourtCR. MISC./9324/2018disposed

Ram Lakhan Das v. The State Of Bihar

2018-04-10Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9324 of 2018 Arising Out of PS.Case No. -189 Year- 2017 Thana -MUSAHRI District- MUZAFFARPUR ======================================================

1. Ram Lakhan Das, S/o Late Yadu Ram, Resident of VillageRaghunathpur, P.S.- Musahari, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Pradhan Murli Manohar Prasad, Adv. Mr. R.K. Goswami, Adv.

For the Opposite Party/s : Smt. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-04-2018 The petitioner is apprehending his arrest in connection with Musahari P.S. Case No. 189/2017, registered for offences punishable under Sections 409 of the Indian Penal Code. Petitioner is the incharge Headmaster and allegation against him is of defalcation of government money, which was meant for construction of eight class rooms of Middle School, Raghunathpur, Musahari.

It has been submitted on behalf of the petitioner that he has constructed the class rooms as per the specification and has spent the entire amount and no money is due with the petitioner. He has drawn the attention of this court towards Annexure - 2, which appears to be office note, which shows that the amount has already been adjusted against the construction work.

Patna High Court Cr.Misc. No.9324 of 2018 (4) dt.10-04-2018 2/2 Heard learned A.P.P. also.

Having heard both sides, in view of the submission of learned counsel for the petitioner, this application is disposed of with direction to the petitioner to surrender in the court below within a period of six weeks with a certificate showing adjustment of the entire amount meant for construction of above stated school rooms and the court below on verification of the same, shall grant the privilege of anticipatory bail to the petitioner to his own satisfaction.

In the meantime, let no coercive steps be taken against the petitioner to take him into custody in connection with Musahari P.S. Case No. 189/2017 for a period of six weeks from today. (Vinod Kumar Sinha, J) sunil/- U T