Suman Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44566 of 2019 Arising Out of PS. Case No.-220 Year-2018 Thana- DAUDNAGAR District- Aurangabad ====================================================== SUMAN KUMARI, Female, aged about 35 years, Wife of Sri Saurabh Prashant Resident of - Lodipur, Budha Marg, Gali No. - 1, Anchal - Patna Sadar, P.S.- Gandhi Maidan, District and Town - Patna. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Maruth Nath Roy For the Opposite Party/s :
Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-07-2019 Heard both sides.
The petitioner apprehends her arrest in Daudnagar P.S. Case No.220 of 2018 registered under Sections 467, 468, 471, 420, 409 and 120B of the Indian Penal Code. The gist of the allegation is that Block Education Officer, Daudnagar alleged that former Block Education Officer, Daudnagar, namely, Sri Ramanuj Singh illegally appointed Om Prakash Ranjan, Suman Kumari(the petitioner), Shikha Kumari, Nisha Kumari, Rajiv Ranjan and Saurabh Prashant as teachers and allowed them to withdraw salary. Ramanuj Singh in collusion with other accused persons illegally appointed teachers defalcated huge government money. The District Programme Officer wrote letter to the Block Education Officer
Patna High Court CR. MISC. No.44566 of 2019(2) dt.19-07-2019 2/3 that illegally appointed teachers namely, Rajiv Ranjan, Nisha Kumari, Saurabh Prashant and Suman Kumari(the petitioner) without taking prior permission from the competent authority deposited Rs.2,74,343/-, Rs.98,999/- and Rs.3,28,045/- in the account standing in the name of Education Department. The learned counsel for the petitioner submits that Nisha Kumari, Rajiv Ranjan and Vimla Kumari have already been granted anticipatory bail. Ramanuj Singh, the person who is responsible for illegal appointment of the petitioner and others, has also been granted anticipatory bail. The petitioner has already deposited the entire amount withdrawn by her in salary.
It appears that of course the petitioner was illegally appointed as a teacher in the school along with other teachers but Ramanuj Singh, the person who was responsible for illegal appointment of the petitioner and others, has already been granted anticipatory bail and the teachers namely, Nisha Kumari and Rajiv Ranjan, who were also illegally appointed, have also been granted anticipatory bail by different Benches of this Court. The petitioner is said to have been deposited the amount withdrawn in salary.
Taking into consideration the facts aforesaid, let the
Patna High Court CR. MISC. No.44566 of 2019(2) dt.19-07-2019 3/3 petitioner, above named, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Daudnagar, Aurangabad in connection with Daudnagar P.S. Case No.220 of 2018(G.R. No.570/2018), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Saurabh/- U T