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Patna High CourtCR. MISC./18158/2017bail granted

Shashi Kumar Suman v. The State Of Bihar

2017-05-15Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18158 of 2017 Arising Out of PS.Case No. -25 Year- 2017 Thana -SIRDALA District- NAWADA ====================================================== Shashi Kumar Suman, Son of late Rameshwar Prasad, Resident of VillageBandhi, P.S.- Sirdalla, District- Nawada. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Rajeev Nayan, Advocate.

For the Opposite Party : Mr. S. Ehteshamuddin, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-05-2017 Heard both sides.

The petitioner apprehends his arrest in Sirdalla P.S. Case No. 25 of 2017 registered for the offences punishable under Sections 409, 420, 467, 468 and 34 of the Indian Penal Code. The gist of the allegation is that Poonam Kumari, teacher of Primary School, Pipra Block, was paid her salary although she was absent from the school.

Learned counsel for the petitioner submits that the petitioner is coordinator of Block Coordination Centre, Sirdala but his duty is not at all to send the attendance register of the school. From perusal of Annexure-3, it would appear that Block Education Officer, himself, admitted that the headmaster of the school did not send the attendance register and, therefore, payment

Patna High Court Cr.Misc. No.18158 of 2017 (2) dt.15-05-2017 2/2 was made to Poonam Kumari who was absent from her duty. Considering the facts aforesaid and nature of allegations made against the petitioner and the fact that the petitioner is coordinator of Block Coordination Centre, Sirdala and he is not duty bound to send the attendance register of the school, the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-V, Nawada in Sirdalla P.S. Case No. 25 of 2017, Subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J.) KKSINHA/- U T