Shiv Narayan Ram And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49287 of 2015 Arising Out of PS.Case No. -73 Year- 2014 Thana -NAWANGAR District- BUXAR ======================================================

1. Shiv Narayan Ram son of Late Durga Ram, resident of village & Post Office- Sonbarsa, P.S.- Nawanagar, District- Buxar.

2. Sudha Rani Srivastava wife of Sri Harivansh Sahay presently residing at Village & Post Office- Sonbarsa, P.S.- Nawanagar, District- Buxar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bipin Kumar Sinha, Advocate For the Opposite Party/s : Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 03-11-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Nawanagar P.S. Case No.73 of 2014 registered under sections 406, 409, 420, 467, 468, 471, 166, 166A and 504/34 of the Indian Penal Code.

It is contended that initially a complaint was filed by Surendra Tiwary, Incharge Principal, Kanya High School, Sonbarsa which was referred to the police under section 156(3) of the Code of Criminal Procedure for investigation pursuant to which FIR in question was registered. It is further contended that the alleged amount of Rs.3,50,000/-, as mentioned in the FIR, was withdrawn by the petitioner from the bank and the same had been distributed amongst the girl students of the school in presence of

Patna High Court Cr.Misc. No.49287 of 2015 (2) dt.03-11-2015 2/2 the Officer Incharge of Nawanagar Police Station, the Block Extension Education Officer, the District Education Officer, Buxar, the Mukhiya, the Deputy Prakhand Pramukh of the Block and other people of the said locality and the students had put their respective signature acknowledging receipt of the amount. It is further contended that photographs were also taken at the time of distribution of the amount.

Learned counsel for the State has opposed the prayer for grant of anticipatory bail.

Regard being had to the facts and circumstances of the case, in the event of arrest or surrender in the court below within four weeks from today, the above named petitioners are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Nawanagar P.S. Case No.73 of 2014 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

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