Shrimati Shakila Devi @ Shakila Devi v. The State Of Bihar

Patna High Court Cr.Misc. No.48398 of 2017 (3) dt.13-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48398 of 2017 Arising Out of PS.Case No. -97 Year- 2016 Thana -PATEPUR District- VAISHALI(HAJIPUR) ======================================================

1. Shrimati Shakila Devi @ Shakila Devi, W/o Arun Kumar Singh, R/o Village- Raghopur, Asidha, P.S.- Patepur, District- Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr. Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-11-2017 Heard both sides.

The petitioner apprehends her arrest in Patepur P.S. Case No.97 of 2016 under Section 406 and 409 of Indian Penal Code.

The Block Education Officer, Patepur alleged that Smt. Kumari Meera Bharti, the headmistress of Rajkiya Prathmik Vidyalaya, Bajitpur withdrew Rs.9,65,000/- with the joint signature of Smt. Shakila Devi, the petitioner who happens to be the Secretary of Vidyalaya Siksha Samiti but the headmistress got the work done of only Rs.6,26,524/-. The Headmistress misappropriated the remaining amount.

The learned counsel for the petitioner submits that Smt. Kumari Meera Bharti, the then Headmistress of the school

Patna High Court Cr.Misc. No.48398 of 2017 (3) dt.13-11-2017 moved this Court in Cr. Misc. No.6315 of 2017 and undertook to deposit Rs.3,38,476/- within eight months from the date of order. Headmistress also admitted that she withdrew the amount. The petitioner is simply a signatory to the cheque. The learned Additional P.P. however opposed the prayer for anticipatory bail.

Considering the fact that the headmistress withdrew the amount for construction of the work undertook to deposit the amount and on such she was granted provisional anticipatory bail, the petitioner, above named, in the event of her arrest or surrender before the learned 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 learned A.C.J.M. X, Vaishali at Hajipur in connection with Patepur P.S. Case No.97 of 2016, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T