Kajoma Devi @ Kajoma Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 19540 of 2016 Arising out of P.S. Case No. -217 Year- 2015 Thana - BARAUNI District- BEGUSARAI =================================================== Kajoma Devi @ Kajoma Kumari Wife of Ramdeo Paswan@Raj Kishore Paswan Resident of Village+PO- Bihat, Tola, Khairaji, P.S. Barauni, District Begusarai.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s =================================================== Appearance :
For the Petitioner/s : Mr. Sandip Kumar Gautam, Adv. For the Opposite Party/s: Ms. Asha Kumari (APP) =================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
04. 22.07.2016 Heard both sides.
The Petitioner apprehends her arrest in Barauni P.S. Case No. 217 of 2015 registered for the offences punishable under Section 409 of the Indian Penal Code.
The Block Education Officer, Barauni lodged a case alleging against the petitioner that she being the In-charge Headmistress of the Middle School, Mahna defalcated the amount of the different schemes.
It is submitted that from perusal of Annexure-2, it appears that the Block Education Officer, Barauni wrote a letter to the Officer In-charge, Barauni (Refinery) Police Station stating therein that the Petitioner out of dress fund of Rs. 5,44,500/- (Five Lacs Forty Four Thousand Five Hundred) distributed Rs. 3,32,500/- (Three Lacs Thirty Two Thousand Five Hundred) and the remaining Rs. 2,12,000/- (Two Lacs Twelve Thousand) was deposited in the bank account of Govt. through draft. Similarly, from the head of scholar-ship out of Rs. 6,71,400/- (Six Lacs Seventy One Thousand Four
Patna High Court Cr.Misc. No.19540 of 2016 (4) dt.22-07-2016 Hundred) the petitioner distributed Rs. 3,45,600/- (Three Lacs Forty Five Thousand Six Hundred), Rs. 79,800/- (Seventy Nine Thousand Eight Hundred) and Rs. 1,80,000/- (One Lac Eighty Thousand) and the remaining Rs. 66,000/- (Sixty Six Thousand) was deposited through draft. Rs. 1,09,000/- (Rs. One Lac Nine Thousand) was spent on construction of lavatory and in development scheme head Rs. 2,84,100/- (Two Lacs Eight Four Thousand One Hundred) was deposited in the School Bank Account. The gist of the letter written by the Block Education Officer, Barauni shows that the petitioner has already given the utilization certificate of the entire fund being as In-charge Headmistress of the School.
Considering the facts aforesaid, the Petitioner, above named, in the event of her arrest or surrender before the learned Court below within a period of four weeks from the date of receipt/production of a copy of this order, 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 the learned Chief Judicial Magistrate, Begusarai in connection with Barauni P.S. Case No. 217 of 2015 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
Vikash/- (Prabhat Kumar Jha, J.) U T