Rubi Devi Mukhiya @ Rubi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34321 of 2014 Arising Out of PS.Case No. -45 Year- 2011 Thana -HALSI District- LAKHISARAI ====================================================== Rubi Devi Mukhiya @ Rubi Devi W/o Arun Kumar Singh Resident of Village Bahrama, Police Station Halsi, District Lakhisarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajive Ranjan Singh, Advocate. For the Opposite Party/s : Mrs. Anita Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-02-2015 Heard both sides.

The petitioner apprehends her arrest in a case registered under Sections 419, 420, 467, 468 and 471 of the Indian Penal Code.

The informant, a Block Education Extension Officer, alleged in his written report that the petitioner, being the Mukhiya and Chairman of the Select Committee for appointment of Panchayat Teacher, made appointment of seven persons as teacher in different schools although those seven posts of teachers were not sanctioned. The allegation against the petitioner is that the petitioner appointed seven teachers on unsanctioned posts against roster.

Learned counsel for the petitioner submits that the petitioner is an illiterate and rustic lady. She does not know

Patna High Court Cr.Misc. No.34321 of 2014 (2) dt.13-02-2015 2/2 anything. The Panchayat Sachiv did all the works of appointment in collusion with the B.E.O., who accepted the joining and also ordered for payment.

On perusal of the record as well as the relevant rules, it would be evident that the petitioner, being the Mukhiya of all the Panchayats, was the Chairman of the Select Committee. The petitioner recommended for appointment of seven persons as teacher in different schools although the posts of teacher were not sanctioned.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail in Halsi P.S. Case No. 45/2011. Accordingly, the same is rejected.

The petitioner is directed to surrender in the court below within four weeks from today and make prayer for regular bail. The court below shall consider the prayer for regular bail of the petitioner without being prejudiced by this order and taking into account that the petitioner is a lady.

(Prabhat Kumar Jha, J) Dilip/- U T