Kunti Devi @ Kunti Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42753 of 2018 Arising out of P.S. Case No.-109 Year-2016 Thana- OBRA, District- Aurangabad ====================================================== Kunti Devi @ Kunti Kumari, W/o Lalan Singh, R/o Village Maharani Bigha, P.S. Daudnagar, District- Aurangabad.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-07-2018 Heard the parties.

The petitioner seeks anticipatory bail in connection with Obra P.S. Case No.109 of 2016, registered for offences punishable under Sections 409 and 420 of the Indian Penal Code.

As per F.I.R., allegation against the petitioner, who happens to be Head Master of the school, is that she has been allotted under the ACR/3 Scheme of Rs.9,79,200/- for construction of the building of the Vidylaya Siksha Samittee, Primary School, Ram Bagh, Gotaro under Sarwa Siksha Aviyan and out of which, Rs.7,34,400/- has been spent for construction of the building and rest money has been misappropriated by the petitioner.

Submission of the learned counsel for the petitioner is that he has filed a certificate which is annexure-2 of the

Patna High Court Cr.Misc. No.42753 of 2018(2) dt.24-07-2018 2/2 supplementary affidavit showing that the construction work has been completed and the rest amount has been adjusted. Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named, in the event of her arrest or surrender, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each in connection with Obra P.S. Case No.109 of 2016 to the satisfaction of learned SDJM, Daudnagar, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(Vinod Kumar Sinha, J) sudha/-sunil U T