Patna High CourtCR. MISC./47201/2018disposed

Yogendra Kumar And ANR v. The State Of Bihar

2018-08-14Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47201 of 2018 Arising Out of PS.Case No. -6 Year- 2016 Thana -SIRDALA District- NAWADA ======================================================

1. Yogendra Kumar, S/o Chandrika Chaudhary, R/o Merhkuri, P.S.- Meskaur (Sirdala), District- Nawada.

2. Smt. Kanti Devi W/o Ramchandra Rajbanshi, R/o Vill.- Merhkuri Tola Purandih, P.S.- Meshkaur (Sirdala).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amresh Kumar Sinha For the Opposite Party/s : Mr. Sri Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-08-2018 The petitioners are apprehending their arrest in connection with Sirdala (Meskaur) P.S. Case No. 06 of 2016, registered for offences punishable under Sections 420, 409/34 of the Indian Penal Code.

Allegation against the petitioner no.1 and 2 who happens to be the Headmaster and Secretary respectively of the school is of defalcation of money which was allotted for construction of building of the school.

Submission of learned counsel for the petitioners is that as the encroachment case was going on, the construction work could not be completed in time. However, now the work has been completed, which is evident from the M.V. Book

Patna High Court Cr.Misc. No.47201 of 2018 (2) dt.14-08-2018 2/2 Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, this application is disposed of with a direction to the petitioners to surrender before the court below within a period of six weeks and on surrender the petitioners will be granted provisional bail for a period of two months and in the meantime the learned court below shall seek a report from the concerned authority to verify as to whether the work has been completed or not and if is found that the work is completed, the provisional bail of the petitioners shall be confirmed else he is free to pass any order as he deems fit and proper.

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