Patna High CourtCR. MISC./39511/2016bail granted

Munni Kumari And ANR v. The State Of Bihar

2016-09-17Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39511 of 2016 Arising Out of PS.Case No. -50 Year- 2016 Thana -PATEPUR District- VAISHALI(HAJIPUR) ======================================================

1. Munni Kumari Wife of Sri Sanjit Kumar Ex-Incharge Head Mistress, Nav Srjit Prathmik (Primary) Vidyalaya, Krishnawara Resident of Village -Krishnawara, P.S.- Patepur, District - Vaishali.

2. Rakhi Kumari, Wife of Sri Prabhat Kumar Singh @ Soni, Ex-Secretary, Siksha Smiti Nav Srjit Prathmik (Primary) Vidyalaya, Krishnawara, Resident of Village -Krishnawara, P.S.- Patepur, District - Vaishali. .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Sanjeev Shankar, Advocate.

For the Opposite Party : Ms. Pushpa Sinha, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-09-2016 Heard both sides.

The petitioners apprehend their arrest in Patepur P.S. Case No. 50 of 2016 registered for the offences punishable under Sections 420, 409 and 34 of the Indian Penal Code. The petitioners are teacher and secretary of Vidyalya Siksha Samiti newly constructed primary school, Krishnawara, Musahar Tola and they were entrusted with money for construction of three rooms of the school. The construction up to roof level worth Rs. 5,27,154/- was made and the petitioners are alleged to have defalcated Rs. 1,42,846/- as they did not do the construction work of the aforesaid money.

Patna High Court Cr.Misc. No.39511 of 2016 (2) dt.17-09-2016 2/2 Learned counsel for the petitioners submits that although the petitioners did the entire works but no measurement was done. The petitioners are ladies and they are ready to deposit Rs. 1,42,846/- in the account of the school within three months. Considering the facts aforesaid and the facts that the petitioners are ladies and are ready to deposit Rs. 71,423/- each within three months, the petitioners above named, in the event of their 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, are 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 Additional Chief Judicial Magistrate-X, Hajipur, Vaishali in Patepur P.S. Case No. 50 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and if the petitioners fails to deposit the aforesaid amount within three months from the date of their release the court below shall cancel the bail bond of the petitioners. (Prabhat Kumar Jha, J.)