Patna High CourtCR. MISC./19271/2018disposed

Smt. Pushpa Devi v. The State Of Bihar

2018-07-05Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19271 of 2018 Arising Out of PS.Case No. -13 Year- 2016 Thana -BENIPATTI District- MADHUBANI ====================================================== Smt. Pushpa Devi, W/o Sri Shambhu Yadav, Resident of VillageAgropatti, P.S.- Benipatti, District Madhubani. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Mukund Mohan Jha For the Opposite Party/s : Mr. Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-07-2018 Heard learned counsel for the petitioner.

Petitioner apprehends her arrest in connection with Benipatti P.S.Case No. 13 of 2016 registered for the offences punishable under Sections 409, 420 and 34 of the Indian Penal Code.

Allegation as per FIR is that petitioner, who happens to be Secretary of the school, he has taken Rs.8.62 lakhs which was sanctioned for construction of additional class rooms but he has not completed the work and not returned the money. Submission of learned counsel for the petitioner is that construction has already been completed and in spite of that petitioner has been made accused. Further submission is that petitioner is a lady and all the transactions were made by the

Patna High Court Cr.Misc. No.19271 of 2018 (3) dt.05-07-2018 2/2 Headmaster of the school and not by the petitioner. Heard learned APP also.

Having heard both sides and in the facts and circumstances, this application is disposed of with a direction to the petitioner to surrender within a period of six weeks from the receipt of this order and show certificate of completion of work before the learned Magistrate and if it is found true the learned Magistrate shall release the petitioner on bail to his own satisfaction.

For the period of six weeks, no coercive step shall be taken against the petitioner.

(Vinod Kumar Sinha, J) spal/- U