Urmila Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77475 of 2018 Arising Out of PS. Case No.-79 Year-2015 Thana- RUPAULI District- Purnia ======================================================

1. Urmila Devi W/o Jaikishor Paswan,

2. Jaikishor Paswan S/o Late Sunder Paswan,

3. Sunil Paswan S/o Late Garib Paswan,

4. Bijay Paswan @ Jhalli Paswan @ Bijay S/o Suresh Paswan, All R/o Vill.- Ajhokopa, P.S.- Rupauli, District- Purnea. ... ... Petitioners

Versus

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

For the Petitioner/s :

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

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 17-01-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners seek pre-arrest bail in connection with Rupauli P. S. Case No. 79 of 2015 registered under Sections 147, 148, 149, 341, 323, 307, 420, 406, 409 and 120-B of the Indian Penal Code.

It is submitted by the learned counsel for the petitioners that the first information report has been instituted at the behest of some school teachers of the Middle School, Ajhokopa, who were responsible for arson and loot which took place at the school on 17.04.2015 concerning which a written report dated 17.04.2015 was lodged at Rupauli Police Station on

Patna High Court Cr.Misc. No.77475 of 2018(2) dt.17-01-2019 2/3 the date of occurrence itself by the principal of the school Urmila Devi. It is contended that concerning the allegation against the principal of the school as narrated in the FIR a departmental inquiry was set up and from the inquiry report, which was sent by the District Programme Officer, Planning & Account, Purnea on 07.10.2015 along with his letter dated 07.10.2015 to the District Programme Officer, Establishment, Purnea as well as letter dated 11.12.2015 of the District Programme Officer, Establishment, Purnea, it will be apparent that all the allegations against the petitioner no. 1 on inquiry were found to be false. As far as petitioner nos. 2, 3 and 4 are concerned, they are husband, driver and neighbour respectively of petitioner no. 1.

When the arson took place the petitioner nos. 2, 3 and 4 rushed to the school to protect petitioner no. 1 and because of that they have also been implicated. Learned Additional Public Prosecutor for the State has opposed the prayer for grant of pre-arrest bail to the petitioners.

Considering the nature of allegation and the submissions made above, in the event of arrest or surrender before the court below, the petitioners named above are directed to be released on bail on furnishing bail bond of Rs.10,000/-

Patna High Court Cr.Misc. No.77475 of 2018(2) dt.17-01-2019 3/3 ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in Rupauli P. S. Case No. 79 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J.) kanchan/- U T