Ranju Devi @ Manju Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29297 of 2020 Arising Out of PS. Case No.-165 Year-2018 Thana- CHANAN District- Lakhisarai ====================================================== RANJU DEVI @ MANJU DEVI Wife of Dinesh Kumar Yadav Resident of Village - Harbanspur, P.S.- Chanan, District - Lakhisarai. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anuj Kumar For the Opposite Party/s :
Mr. Uma Shanker Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-12-2020 Heard Mr. Yogesh Chandra Verma, the learned senior counsel for the petitioner, and the learned APP. The matter has been taken up through video conferencing.
The petitioner apprehends her arrest in Chanan P.S. case No. 165/2018 registered under Section 406, 409, 420 of the IPC.
The gist of the allegation is that Shailendra Kumar Sinha, Headmaster of Higher Middle School, Harbanspur and the petitioner, Secretary of the school, withdrew Rs. 16,13,700/- from the account of the school in the year 2014-15 for construction of school building but they neither constructed the school building nor returned the money and the petitioner and the Headmaster misappropriated the entire money.
Patna High Court CR. MISC. No.29297 of 2020(2) dt.02-12-2020 2/3 The learned senior counsel for the petitioner submits that prayer of petitioner for anticipatory bail was twice rejected by this court vide order dated 03.04.2019 passed in Cr. Misc. No. 20624/2019 and vide order dated 23.06.2020 passed in Cr. Misc. No. 20102/2020. The Headmaster of the school has already deposited the entire amount and on that ground the learned Additional Sessions Judge granted anticipatory bail to the Headmaster but on consideration of facts that petitioner being Secretary of the school and the Headmaster of the school withdrew the amount in the financial year 2014-15 and misappropriated the amount, the Headmaster deposited the amount only in the year 2020 and the cost of construction might have gone many times on account of lapse on the part of the petitioner and the Headmaster the petitioner was not granted anticipatory bail. Therefore, I do not find any fresh ground to reconsider the prayer of petitioner for anticipatory bail. Accordingly, the same is rejected.
The petitioner is directed to surrender in the court below, that is, the learned ACJM-I, Lakhisarai in Chanan P.S. case No. 165 of 2018 within four weeks from the date of receipt of this order and on such the learned court below shall consider the prayer for regular bail of the petitioner taking into
Patna High Court CR. MISC. No.29297 of 2020(2) dt.02-12-2020 3/3 consideration the fact that Headmaster of the school has already been granted anticipatory bail and dispose of the bail petition, preferably, on the same day.
(Prabhat Kumar Jha, J) BKS/- U T