Ashma Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48167 of 2017 Arising Out of PS. Case No.-298 Year-2016 Thana- LALGANJ District- Vaishali ====================================================== Ashma Khatoon W/o Md. Jalauddin, R/o Village- Purkhauli, P.S.- Lalganj, District- Vaishali, Bihar.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Yashraj Bardhan For the Opposite Party/s :

Mr. SRI IFTEKHAR MAHMOOD ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends her arrest in connection with Lalganj P. S. Case No. 298 of 2016 registered for the offences punishable under Sections 420, 409/34 of the Indian Penal Code.

Allegedly, the petitioner being Secretary and co-accused Mahboob Hasan being incharge headmaster were allotted Rs. 12,19,000/- for construction of the building but work was done only for Rs. 11,15,483/- and rest amount of Rs. 1,03,517/- has been misappropriated.

Submission is of false implication and that from perusal of the case diary it would reveal that after institution of the FIR the work has already been completed and after submission of final measurement report the Bill has been cleared. Similarly situated

Patna High Court Cr.Misc. No.48167 of 2017(3) dt.12-12-2017 2/2 co-accused Mahboob Hasan the incharge headmaster has been allowed pre-arrest bail vide Cr. Misc. No. 20875 of 2017 by another co-ordinate Bench of this Court and as such the petitioner deserves sympathetic consideration. Learned APP fairly submits that incharge Headmaster has already been allowed pre-arrest bail.

In the facts and circumstances stated above, the petitioner above named, in case of her arrest or surrender within four weeks from the date of receipt/production of a copy of this order, is directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Lalganj P. S. Case No. 298 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T