Gulshan Aara And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.984 of 2017 Arising Out of PS.Case No. -7 Year- 2016 Thana -PIPRAHI District- SHEOHAR ======================================================

1. Gulshan Aara, Secretary-cum-Teacher, Nav Srijit Prathimik Vidhalay Mesaudha, Wife of Isteyak Ahmad, P.S.- Piprahi, Dist.- Sheohar.

2. Marni Devi, Secretary, Nav Srijit Prathimik Vidhalay Mesaudha Western, Wife of Achhe Lal Paswan, At- Mesaudha, P.S.- Piprahi, Dist.- Sheohar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Prabhat Kumar For the Opposite Party/s : Mr. Sir Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-02-2017 The petitioners are apprehending their arrest in connection with Piprahi P.S. Case No. 7 of 2016, registered for offences punishable under Sections 409, 420 and 188 of the Indian Penal Code.

It has been submitted on behalf of the petitioners that both the petitioners are lady and they were Secretary of the panchayat school and the allegation against them is that some amount was given to them for construction of school building but they have neither constructed the said building nor deposited the amount. It has further been submitted that the construction work had to be done by the Headmaster of the school and not by these petitioner. However, the Headmaster of the school, against whom

Patna High Court Cr.Misc. No.984 of 2017 (2) dt.02-02-2017 2/3 there was similar allegation, has already been granted bail by learned court below vide order dated 10.11.2016, passed in B.P. No. 258 of 2016.

Heard learned A.P.P. also.

Having heard both sides, from perusal of the impugned order, it appears that the construction work has already been done and also other co-accused, namely, Sitaram Prasad, having similar allegation, has already been enlarged on bail by the Court below itself, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) learned Chief Judicial Magistrate, Sheohar in connection with Piprahi P.S. Case No. 07 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. This is further subject to condition that:

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

Patna High Court Cr.Misc. No.984 of 2017 (2) dt.02-02-2017 3/3 (iii) The petitioner shall cooperate in the investigation of case and make themselves available as and when required by the police and on the event of failure on his part two appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail.

(Vinod Kumar Sinha, J) sunil/- U T