Chandrakanta Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49373 of 2017 Arising Out of PS.Case No. -54 Year- 2017 Thana -GOH District- AURANGABAD ======================================================

1. Chandrakanta Kumari, Wife of Shyam Narayan Ram, Resident of Village-Munjhara, P.S. Goh, District-Aurangabad. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Leelawati Kumari For the Opposite Party/s : Mr. Sri Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-10-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner apprehends her arrest in connection with Goh P.S. Case No. 54 of 2017, registered for the offences punishable under Sections 409, 420 of the Indian Penal Code. Allegedly, the amount of Pre-Matric Scholarship had either been defalcated/misappropriated by way of preparing fake vouchers, or paid in cash beyond financial norms by the respective in-charge of schools in collusion with Manju Kumari B.E.O., Goh Block, B.R.C. in-charge Venkatesh Sharma and in-charge C.R.C., Md. Sahid Alam. During inquiry, it was found that the amount meant for students, has been distributed among enlisted teachers and others dishonestly and B.E.O. Manju Kumari, Venkatesh Sharma and Md. Sahid Alam have been highly instrumental in this

Patna High Court Cr.Misc. No.49373 of 2017 (2) dt.18-10-2017 2/2 defalcation.

Submission is of false implication and that amount used to be distributed through voucher and no fresh guideline has been issued through RTGS. Hence, the petitioner withdrew the amount for distribution through voucher but as soon as she received direction of senior officers she deposited the same in VSS account. She has not misappropriated the amount. She has already deposited the amount of Rs. 3,14,100/- and, as such, the petitioner deserves sympathetic consideration. The learned A.P.P. fairly submits that the petitioner has already deposited the amount.

In the facts and circumstances as stated above, the petitioner in the event of her arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Aurangabad, in connection with Goh P.S. Case No. 54 of 2017, subject to the conditions as laid down in section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J.) Rajiv/- U T