Kunti Kumari @ Kunti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27474 of 2019 Arising Out of PS. Case No.-110 Year-2016 Thana- UCHKAGAON District- Gopalganj ====================================================== KUNTI KUMARI @ KUNTI DEVI, Wife of Late Ramjanam Manjhi Resident of Village - Mahaicha, P.S.- Uchakagaon, District- Gopalganj ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Indrajeet Bhushan For the State :

Mr. R.B. Roy 'Raman'

====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-04-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Uchakagaon Police Station Case No. 110 of 2016 for the offence punishable under Section 409 of the Indian Penal Code. There is allegation of misappropriation of Government money to the tune of Rs. 23,32,000/- (Twenty Three Lacs Thirty Two Thousand only), which was released for the purpose of construction of a school building. The petitioner was an Assistant Teacher in the said school. Block Teacher, In-charge of the project for construction of the school building, was one Pramod Kumar Tiwary, who has been allowed anticipatory bail this Court subject to the condition that he will deposit the defalcated amount as indicated in the order, dated 18.11.2016, passed in Criminal Misc. No. 41281 of 2016. It has been argued that since the amount for

Patna High Court CR. MISC. No.27474 of 2019(2) dt.26-04-2019 2/2 unexecuted work has been deposited by the co-accused, Pramod Kumar Tiwary, and the petitioner, who is a lady, is ready to cooperate with the police in course of investigation, no tangible purpose will be served if the petitioner would be taken into custody.

Considering the above submission, this application is allowed.

Let the petitioner, Kunti Kumari, in the event of her arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate - IX, Gopalganj, in Uchakagaon Police Station Case No. 110 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present herself before the Police/Court, as the case may be, as and when required and in the event of failure on her part to appear before the Court on two consecutive occasions, her bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) ragini/- U T