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Patna High CourtCR. MISC./16398/2017disposed

Pratima Devi v. The State Of Bihar

2017-04-27Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16398 of 2017 Arising Out of PS.Case No. -6 Year- 2016 Thana -SIRDALA District- NAWADA ====================================================== Pratima Devi Wife of Shri Dayanand Prasad, Resident of Village-Konpura, P.O.-Nagma, P.S.-Meskaur, District-Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Anil Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-04-2017 Heard learned counsel for the petitioner.

The petitioner is apprehending her arrest in connection with Sirdalla (Meskaur) P.S. Case No. 06 of 2016, registered under Sections 420/409/34 of the Indian Penal Code. Allegation against the petitioner is that she, being the Secretary of Vidyalay Siksha Samitee along with Incharge Headmaster of the school, withdrawn money for construction of school building and that has not been completed and as such they defalcated the money.

It has been submitted on behalf of the petitioner that the Headmaster of the school is the executive authority and the petitioner is only one of the signatory, on the basis of which the amount was withdrawn and it has also been submitted that the

Patna High Court Cr.Misc. No.16398 of 2017 (3) dt.27-04-2017 2/2 petitioner is a lady and she is no concern with the construction of work.

Heard learned Additional P.P. also.

In view of the facts and circumstances, stated above, let the petitioner surrender in the court below and make prayer for regular bail before the court concerned, which will be considered and decided on the same day by the learned court below without being prejudiced by the order of this court and also on the basis of submission as stated above and also the submission that the petitioner is a lady and she is only the signatory and she has nothing to do with the construction of building. With the aforesaid observation, this application is accordingly disposed of.

(Vinod Kumar Sinha, J) BTiwary/- U T