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Patna High CourtCR. MISC./50027/2016bail granted

Arpita Naha @ Arpita Majumdar v. The State Of Bihar

2017-01-27Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50027 of 2016 Arising Out of PS.Case No. -388 Year- 2016 Thana -ARA NAGAR District- BHOJPUR ======================================================

1. Arpita Naha @ Arpita Majumdar, Wife of Swarup Mazumdar, Resident of Zodhadih More, Panchsheel Enclave, P.S. - Chas, Bokaro Steel City, District- Bokaro, Jharkhand.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Sri Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-01-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends her arrest in connection with Bhojpur, Ara (Town) P.S. Case No. 388 of 2016 for the offences punishable under sections 408 and 420 of the I.P.C.

Allegedly, the petitioner being the cashier of Kidjee Kid School and Mount Litera Jee School worked from April 2014 but left the job in February 2016 and thereafter during enquiry it reveals that amount of Rs. 15,00,000/- of Kidjee Kid School and the amount of Rs. 16,00,000/- of Mount Litera Jee School were embezzled by the petitioner and the head cashier. Submission is of false implication and that no chit of paper has been filed on behalf of the informant to show the alleged

Patna High Court Cr.Misc. No.50027 of 2016 (4) dt.27-01-2017 2/2 defalcation, the petitioner has left the job and thereafter she has been implicated only with a view to put pressure so that she may continue in the job, during investigation also no chit of paper has been filed by the informant to show that the petitioner has defalcated or embezzled any amount, all the documents are in the custody of the School and as such the petitioner deserves sympathetic consideration.

The learned A.P.P. opposes prayer for pre-arrest bail by submitting that during investigation the witnesses have supported the allegation.

In the facts and circumstances as stated above, considering that no chit of paper has been filed on behalf of the informant either with the FIR or has been deposited during investigation and as such the petitioner, in case 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. C.J.M. Bhojpur at Ara in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C. (Jitendra Mohan Sharma, J) Abhay/- U T