Md. Kalamuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5543 of 2018 Arising Out of PS.Case No. -587 Year- 2017 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Md. Kalamuddin, Son of Late SK. Umar Ali, Resident of VillageMohammadpur, Siswaniya, P.S.- Banjariya, District- East Champaran. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Chaubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 3.

19-02-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in relation to Turkauliya P.S. Case No. 587/2017 registered under Sections 409/420 of the Indian Penal Code.

Learned counsel for the petitioner submits that even though the petitioner disputes the allegations of misappropriation of Rs. 14,52,645/- , however in the present circumstance, he is ready and willing to deposit the entire amount with the competent authority in six equal monthly installments subject to final result of the trial. Learned counsel for the State is present and has no objection if the petitioner is ready to deposit the amount. In the facts and circumstances considering that the petitioner is retired Headmaster of the school and for the

Patna High Court Cr.Misc. No.5543 of 2018 (3) dt.19-02-2018 present he is ready and willing to deposit the entire amount of Rs. 14,52,645/- in six equal monthly installments, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail bonds of Rs. 15,000/- (fifteen thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari, in connection with Turkauliya P.S. Case No. 587/2017, subject to his own undertaking that he will be depositing Rs. 14,52,645/- in six equal monthly installments beginning from 1st of March, 2018. The amount will be deposited by way of account payee cheque or Bank Draft in the office of Block Education Officer, Banjariya, East Champaran, which will be kept in appropriate head subject to result of the trial, this will be in addition to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

In case, the petitioner fails to deposit any of the installments, as undertaken by him, the court below shall cancel the bail bond of the petitioner.

Rajeev/- (Rajeev Ranjan Prasad, J.) U T