Smt. Fulena Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29206 of 2016 Arising Out of PS.Case No. -34 Year- 2016 Thana -SIMRA DistrictWESTCHAMPARAN (BETTIAH) =====================================

1. Smt. Fulena Kumari, Wife of Raj Kumar Ram, Resident of village - Kaila Tola Badharwa, Police Station - Semra Medraul, District - West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mrs. Reena Sinha ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-08-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Semra Chiutaha P.S. Case No. 34 of 2016, disclosing offences under Sections 406, 409 and 420 of the Indian Penal Code.

The petitioner is a lady, who, at the relevant point of time, was posted as In-charge Headmaster of upgraded High School, Ratanpurwa, Bagaha. Allegation

Patna High Court Cr.Misc. No.29206 of 2016 (2) dt.20-08-2016 2/3 against the petitioner is that she made the students to pay a sum of Rs. 500/- in place of Rs. 200/-, as registration fee, and a sum of Rs. 250/- in place of Rs. 95/-, as tuition fee.

Learned counsel for the petitioner has submitted that the allegation is maliciously false and the petitioner has been implicated in this case because she was taking steps against some of the teachers. He has also submitted that the son of one Shambhu Sahoo, on whose application filed before the S.D.O., Bagaha the F.I.R. came to be registered, is the student of said school and that no other students or parents of such students had/have any grievance to the effect that the petitioner had taken more money than they were supposed to pay. In view of the submission, as above, this application is allowed. Let the petitioner, above named, in the event of her arrest or surrender before the court below within six weeks, 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 learned Judicial Magistrate, West Champran at Bagaha, in connection with Semra Chiutaha P.S. Case No. 34 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

Patna High Court Cr.Misc. No.29206 of 2016 (2) dt.20-08-2016 3/3 This is subject to the condition that the petitioner, above named, shall present herself before the police/Court, as the case may be, as and when required and in the event of failure on her part to appear before the Court on two consecutive occasions, her bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Praveen-II/- U T