Munni Devi @ Smt. Munni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50463 of 2017 Arising Out of PS.Case No. -95 Year- 2017 Thana -PANDAUL District- MADHUBANI ======================================================

1. Munni Devi @ Smt. Munni Devi W/o Sri Amol Yadav, R/o VillageKamalpur, Dihtul, P.S.- Pandaul, District- Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ratanakar Jha, Advocate For the Opposite Party/s : Mr. Dr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-01-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Pandaul P.S. Case No. 95 of 2017 instituted for the offence under Sections 419,420,409 of the IPC.

It is alleged in the written report that petitioner who was Senior Promoter at Public Education Centre, Pandaul, East Nodal Centre, Government Middle School, Jamsam did not make payment to Assistant Promoter Amar Prasad. The Block Education Officer, after enquiry of the bank account found that this petitioner has transferred a sum of Rs. 88,000/- in her own bank account after forging the signature of Nodal Officer. Learned counsel for the petitioner submitted that as per Annexure-2 to this petition, she cannot withdraw more than Rs.

Patna High Court Cr.Misc. No.50463 of 2017 (4) dt.10-01-2018 2/2 10,000/-. But in the written report there is specific allegation that Block Education Officer made enquiry and found that Rs. 88,000/- has been illegally transferred in the account of the petitioner by forging signature of Nodal Officer. It is further submitted that the petitioner has already returned Rs. 72,000/- and ready to return the remaining amount of Rs. 16,000/-within two months. But no proof of such statement has been produced.

In such circumstances, the Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer of anticipatory bail of the petitioner stands rejected. The petitioner is directed to surrender in the court below and make prayer for regular bail within a period of two months from date of receipt of this order along with receipts showing payment of Rs. 16,000/- in the account of school before the competent authority of school and on foundation of filed document to show return of entire amount which is alleged to have been misappropriated by the petitioner, which will be considered by the court below and disposed off preferably on the same day in accordance with law without being prejudiced by this order. (Sanjay Priya, J) khushbu/- U T