Sumitra Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52057 of 2016 Arising Out of PS.Case No. -394 Year- 2015 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ====================================================== Sumitra Kumari, Wife of Yogendra Yadav, resident of Village Kankaul, P.S. Mufassil, District Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mrs. Babita Kumari, Advocate. For the Opposite Party/s : Mr. Amrendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 08-02-2017 Heard learned counsels for the petitioner and the State.

The petitioner apprehends her arrest in connection with Begusarai P. S. Case No. 394 of 2015 instituted under Sections 409 and 420 of the Indian Penal Code. The allegation, in brief, is that the Principal of the Upgraded Middle School and this petitioner, Secretary of the said school have defaulcated the Government money released to them for construction of the school under Sarv Shiksha Abhiyan, but the construction was not done.

It is submitted that the petitioner is not named in the F.I.R. and said to be the Secretary of the school during the period 2008-09, but as per the FIR, it appears that no money was released for the financial year 2008-09 and another accused Md.

Patna High Court Cr.Misc. No.52057 of 2016 (3) dt.08-02-2017 2/2 Hamiduddin, the headmaster, completed the unfinished work and the concerned authority granted no objection certificate and the said headmaster has been granted anticipatory bail by a coordinate Bench of this Court by order dated 16.05.2016 in Cr. Misc. No. 8638 of 2016 and the petitioner, a lady, has no criminal antecedent.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest or surrender before the court below within four weeks from today, be released on bail upon furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Begusarai Mufassil P.S.Case No. 394 of 2015; subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Arun Kumar, J) Sujit/- U