Rekha Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22333 of 2017 Arising Out of PS.Case No. -161 Year- 2016 Thana -BENIPATTI District- MADHUBANI ======================================================

1. Rekha Devi wife of Arun Kumar Jha

2. Mod Kumar Jha son of Triloki Nath Jha Both resident of village-Pali (Uttar) PS-Benipatti, District-Madhubani. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Md. Soban Asghar, Adv. For the Opposite Party/s : Sri Manish Kumar 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 07-06-2017 The counsel for the petitioners is permitted to make necessary correction in the prayer portion of this application. Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners are in custody since 18.03.2017 in connection with Benipatti P.S. Case No. 161 of 2016, G.R. No. 825 of 2016 for the offences punishable under sections 406, 409, 420/34 of the Indian Penal Code.

The informant of this case is Block Education Officer, Benipatti, who lodged this case for alleged misappropriation of the amount sanctioned to the petitioners and others in connection with construction of additional class room and chamber of the Head Master.

Patna High Court Cr.Misc. No.22333 of 2017 (3) dt.07-06-2017 2/2 Petitioners are is in custody since 18.03.2017. In para 6, petitioners have stated that in fact, the allegation is noncompletion of the construction of the building, cannot be defalcation of amount, as the construction of the building is still in progress.

In view of the facts and circumstances stated above and considering the statement made in paragraph 3, petitioners have no criminal antecedent, let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Benipatti (Madhubani) in connection with Benipatti P.S. Case No. 161 of 2016, G.R. No. 825 of 2016, subject to the condition that the petitioners will extend full cooperation in conclusion of the trial and they will not, in any manner, influence the witnesses.

(Anil Kumar Upadhyay, J) Mahesh/- U T