Dharmendra Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28948 of 2018 Arising Out of PS. Case No.-132 Year-2012 Thana- GAYGHAT District- Muzaffarpur ====================================================== Dharmendra Kumar Singh, son of Jagarnath Singh, Panchayat Teacher-cumSecretary, Motivation Centre, Middle School, Dahila, resident of villageBaghakhal, P.S. Gaighat, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.

For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-05-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Gaighat P.S. Case No.132 of 2012 registered under Sections 467, 468, 420 and 409 of the Indian Penal Code.

The accusation is that the petitioner being the Panchayat Teacher-cum-Incharge Headmaster-cum-Secretary of Coordination Committee of Dahila Middle School, withdrew Rs.2,75,000/- without recommendation of the Committee, while he was authorized to withdraw Rs.1000/- without recommendation of the Committee and out of the said amount, he defalcated Rs.1,43,274.64/-. Learned counsel for the petitioner submits that this case has been lodged on the basis of the written report of the Mukhiya of the Gram Panchayat Raj-Baghakhal and on the allegation made by

Patna High Court Cr.Misc. No.28948 of 2018(2) dt.09-05-2018 2/2 the Mukhiya, the petitioner was put under suspension and, on inquiry, he was exonerated from all the charges, which was communicated by the Panchayat Secretary, Gram Panchayat Raj-Baghakhal, through letter dated 31.03.2015 in which it is detailed that Rs.70,000/-, which was deducted from the honorarium of the petitioner, was ordered to be claimed to the Block Education Officer, Gaighat, which would appear from Annexure-2 to this application. The petitioner has no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-XV, Muzaffarpur, in connection with Gaighat P.S. Case No.132 of 2012, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T