← Library
Patna High CourtCR. MISC./42609/2022bail granted

Tanzila Khatoon v. The State Of Bihar

2022-12-06Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42609 of 2022 Arising Out of PS. Case No.-185 Year-2022 Thana- DHAKA District- East Champaran ====================================================== Tanzila Khatoon W/o Md. Merajul Haque Resident of Village - Mahuawa, Fulwariya, Ward no.10, P.s.- Dhaka, Distt.- East Champaran, Retired Headmistress of Govt. Utkramit Middle School Mahuawa (Urdu Kankya), Dhaka, East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-12-2022 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 409, 34 of the Indian Penal Code.

As per the prosecution case, this petitioner while posted as Headmistress misappropriated the school fund and did not hand over charge to the informant.

It is submitted that petitioner was posted as Headmistress in the said school since 05.12.2012 to 31.01.2020 i.e. for more than seven years and during that period not a single complain or any adverse remark was brought against her either by children, parents or any of the authority of the concerned

Patna High Court CR. MISC. No.42609 of 2022(4) dt.06-12-2022 2/2 department. In fact, informant was biased with the petitioner on account of refusal of informant's proposal to marry her daughter with petitioner's son. On the basis of No Objection Certificate her pension has been fixed. After lapse of two years of her retirement this false and fabricated FIR has been lodged. Petitioner claims clean antecedent.

Counsel for informant vehemently opposed the prayer for bail.

Considering the facts aforesaid, the petitioners abovenamed, in the event of her arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Sikarahana at Dhaka, East Champaran in connection with Dhaka P.S. Case No. 185 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T