Rama Sinha v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27710 of 2016 Arising Out of PS.Case No. -2627 Year- 2008 Thana -SIWAN COMPLAINT CASE DistrictSIWAN ======================================================

1. Rama Sinha Wife of late Yogendra Pandey Resident of Village- Pindra, PS Sahajitpur, District Saran Retired teacher Government of Middle School Rampur, Dighari PS- Bhagwanpur, District Siwan .... Petitioner

Versus

1. The State of Bihar

2. Raj Kishore Singh @ T.I., Son of late Jawahar Singh Resident of VillageRampur, P.S. Bhagwanpur, District Siwan .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Md. Shahnawaz Ali, Adv. For the Opposite Parties : Mr. Jitendra Kumar Roy 1, APP 99 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-09-2016 Heard both the sides.

The petitioner apprehends her arrest in Complaint Case No. 2627(C) of 2008 under Section 409 and other allied Sections of the Indian Penal Code.

The complainant alleged that he filed a writ petition, C.W.J.C. No. 7806 of 2006 for enquiry into the irregularities of distribution of mid-day-meal in Government Middle School, Rampur, Siwan. The writ petition was disposed off with a direction to the petitioner to file the petition before the District Magistrate, Siwan.

The District Magistrate, Siwan, after receiving the petition of the petitioner entrusted the enquiry to Rajesh Raushan, the Block Development Officer, Bhagwanpur. Rajesh Raushan made enquiry and found that till the year 2006 some irregularities were made in distribution of mid-day-meal among the children. It is stated that one student put signature in place of many other students, but, the enquiring officer did not find that the petitioner

Patna High Court Cr.Misc. No.27710 of 2016 (3) dt.01-09-2016 was posted in the year 2006 and she retired in the year 2008. No irregularity was found during the tenure of the petitioner. Even from the perusal of the complaint petition, itself, it appears that the complainant filed writ petition in the year 2006 making allegation of irregularities in distribution of mid-day-meal till the year 2006 and not thereafter.

Considering the facts and circumstances, let the petitioner, above named, in the event of her arrest or surrender, within four weeks from the date of receipt of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with the Complaint Case No. 2627(C) of 2008 to the satisfaction of Sri Divya Vashistha, Judicial Magistrate, 1st Class, Siwan.

(Prabhat Kumar Jha, J) SA/- U √ T √