Md. Hayatullah v. The State Of Bihar

Patna High Court Cr.Misc. No.45817 of 2015 (2) dt.01-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45817 of 2015 Arising Out of PS.Case No. -20 Year- 2015 Thana -KAHAIYA District- MUZAFFARPUR ====================================================== Md. Hayatullah S/o Md. Yunus Resident of village Mahuawa P.S. Piprahi District Sheohar At present Head Maulvi Madarsa Faizul Kareem Fatehan , Madarsa No. 44 Muzaffarpur .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Zeyaul Hoda, Adv. For the Opposite Party/s : Ms. Indu Kumari Srivastava(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-10-2015 Heard both sides.

The petitioner seeks bail in Kathaiya P.S. Case No. 20/2015, registered for the offences punishable under Section 409 of the Indian Penal Code.

The petitioner is head Maulvi and he is alleged to have misappropriated Rs. 3,38000/-.

It is submitted that from perusal of the FIR itself, it would appear that the petitioner has already deposited the entire amount in the Bank account, even then the case has been lodged. The petitioner did not distribute the amount among the students, as there was dispute between the members of the Committee of Madarsa. The petitioner did not defalcate any amount.

Patna High Court Cr.Misc. No.45817 of 2015 (2) dt.01-10-2015 Considering the facts aforesaid, the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri S.K. Jha, Judicial Magistrate 1st Class, Muzaffarpur in connection with Kathaiya P.S. Case No. 20/2015.

(Prabhat Kumar Jha, J.) Rakhi/- U T