Ahilya Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25612 of 2016 Arising Out of PS.Case No. -8 Year- 2016 Thana -PIRI BAZAR District- LAKHISARAI ======================================================

1. Ahilya Kumari, wife of Sri Kapildeo Mehta, Resident of Village- Garhi Bishanpur, P.O.+ P.S.:- Piri Bazar, District:- Lakhisarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ambika Bhagat For the Opposite Party/s : Mr. Sri Satyavarat Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 08-11-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Piri Bazar P.S. Case No. 08 of 2016 registered under Sections420/409 of the Indian Penal Code. Petitioner was working as in-charge Head mistress of Middle School, Maheshpur and it is alleged that she took Rs. 5,60,000/- (five lacs and sixty thousand) for construction of additional room of the concerned school but, did work only to the tune of Rs. 1,59,720/- and, allegedly, she defalcated Rs. 4,00,280/- but learned counsel, appearing for the petitioner drew my attention towards Annexures of the petition and submits that the aforesaid amount was deposited in the account of concerned school and the

Patna High Court Cr.Misc. No.25612 of 2016 (3) dt.08-11-2016 2/2 petitioner was relieved from the post of Head mistress by the competent authority and at the time of her relieve, she gave charge to the then Senior teacher namely, Indradeo Prasad and at the time of handing over charge, the charge of aforesaid amount was also handed over, which is evident from Annexures to the petition as well as paragraph-8 of the case diary, in which, the present Head mistress has admitted that she had taken the charge of the abovesaid amount from the then Senior teacher.

Considering the above-said facts and circumstances of the case as well as submission of the parties, this anticipatory bail petition is allowed and it is ordered that the petitioner named above, in the event of his arrest or surrender in the court below within four weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Piri Bazar P.S. Case No. 08 of 2016 to the satisfaction of learned Sub Divisional Judicial Magistrate, Lakhisarai subject to condition as laid down u/S 438(2) of the Code of Criminal Procedure Code.

(Hemant Kumar Srivastava, J) A.K.V./- U T