Smt. Anita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18778 of 2016 Arising Out of PS.Case No. -20 Year- 2016 Thana -BAUNSI District- ARRARIA ====================================================== Smt. Anita Devi, W/o Ghanshyam Vishwas, R/o Village - Rajbaili, P.S. Bausi, District - Araria. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rina Sinha, Advocate For the Opposite Party/s : Mr. Anita Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-05-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Bounsi P.S. Case No. 20 of 2016, disclosing offences under Sections 409, 420 and 120B of the Indian Penal Code. The petitioner was, at the relevant point of time, Secretary of Primary School, Rajbaili. It is alleged that an amount of Rs. 1,85,702/-, was defalcated out of the total amount of Rs. 10,33,200/-, which was given to the then Headmaster of the School and the present petitioner, for construction of the school building.

It is submitted by learned counsel on behalf of the petitioner that she worked as Secretary of the School for limited period of 16.11.2011 to 22.02.2014, during which, a sum of Rs. 1,72,200/-

Patna High Court Cr.Misc. No.18778 of 2016 (2) dt.05-05-2016 2/2 was only allotted. She has further submitted that there is no likelihood that the petitioner shall be tampering with the evidence or absconding from the course of trial if, granted privilege of anticipatory bail.

Considering the above submission and the fact that the petitioner is a lady, this application is allowed. Let the petitioner, above-named, in the event of her arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Bounsi P.S. Case No. 20 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) Vats/- U T