Rabindra Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.114 of 2016 Arising Out of PS.Case No. -1 Year- 2014 Thana -MADHEPURA COMPALINT CASE DistrictMADHEPURA ======================================================

1. Rabindra Kumar Son of Late Banwari Yadav, Resident of villageChandpur Bhangha, P.S.- Janki Nagar, District- Purnea, Ex-Incharge Principal N.P. Inter College, Kumarkhand, P.S.- Kumarkhand, DistrictMadhepura .... .... Petitioner/s

Versus

1. The State of Bihar

2. Md. Salim S/o Md. Jainul, Resident of village- Bishanpur Bazar, P.S.- Kumarkhand, District- Madhepura, present Incharge Principal of Neti Prasad Inter College, Neti Nagar, Kumarkhand, P.S.- Kumarkhand, District- Madhepura .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pankaj Kumar Jha For the Opposite Party/s : Mr. V.S.Modi(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-01-2016 Petitioner is apprehending his arrest in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences punishable under Sections 406, 420 of the Indian Penal Code.

It is alleged that petitioner being In-charge, Principal of Neti Prasad Inter College, Neti Nagar, Kumarkhand withdrew Rs. 1,41,000/- from the bank through three cheques without direction of the Managing Committee of the college. It is submitted by learned counsel for the petitioner that petitioner was In-charge, Principal of the college but he along with other twenty persons were terminated by the Secretary of the Managing Committee and a complaint was

Patna High Court Cr.Misc. No.114 of 2016 (2) dt.05-01-2016 2/2 made by the petitioner and other staffs and an appeal has been preferred against the termination before the Appellate Authority. Hence, as a retaliatory measure the present complaint case has been filed. Moreover for the withdrawal made in the year 2010 the complaint was filed in 2014. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Considering the nature of accusation ventilated through complaint in the background of dispute between the petitioner and the Managing Committee of the college in question, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs.

10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Madhepura in connection with Complaint Case No. 01 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.