Shanti Devi And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33698 of 2015 Arising Out of PS.Case No. -116 Year- 2014 Thana -BARAHIYA District- LAKHISARAI ======================================================

1. Shanti Devi Wife of Awadh Singh @ Awadhesh Singh nullPresently Secretary of Udkramit Madhaya Vidyalay Gadh Tola Barhiya.

2. Sunita Devi Wif of Late Sunil Yadav. Ex-Scretary of Udkramit Madhya Vidyalay gadh Tola, Barhiya. Both resident of village:Gadh Tola, Barhiya, Police Station-Barhiya,District:Lakhisarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Adya Singh For the Opposite Party/s : Mr. Ashraf Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-08-2015 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under section 409 of the Indian Penal Code.

Accusation is that petitioners being the present Secretary and the then Secretary of the upgraded Middle School Gadh Tola misappropriated Rs. 4,75,818/- of the construction fund of the school.

It is submitted by the learned counsel for the petitioners that the alleged amount was withdrawn with the joint

Patna High Court Cr.Misc. No.33698 of 2015 (2) dt.13-08-2015 2/2 signature of the Secretary and the Headmaster of the school. It is submitted that the Headmaster has been granted anticipatory bail as his suspension has been revoked and the District Programmed Officer, Lakhisarai vide memo No.1290 dated 04.04.2015 directed the in-charge Headmaster to release the balance fund to enable the accused to complete the construction work . Considering the aforementioned facts the above named petitioners, in the event of their arrest or surrender before the court below within a period of 12 weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on provisional bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction learned C.J.M, Lakhisarai in Barahiya P.S. Case No. 116 of 2014, subject to the conditions laid down under section 438(2) Cr.P.C. The provisional bail granted to the petitioners will be confirmed by the trial court on completion of construction of the said school.

(Dinesh Kumar Singh, J) M.Rahman/- U T