Beby Devi v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26057 of 2017 Arising Out of PS.Case No. -69 Year- 2016 Thana -MADHWAPUR District- MADHUBANI ====================================================== Beby Devi, Daughter of Nirash Mandal, resident of Village- Jankinger, P.S. Madhawapur, District- Madhubani.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Umesh Baitha, son of late Bhanu Baitha, resident of Village- Nonaura, P.S. Ghorasahan, District East Champaran.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Devendra Kumar, Advocate. For the Opposite Party/s : Mr. Parmanand Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-01-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends her arrest in Madhawapur P.S. Case No. 69 of 2016 instituted for the offence under Sections 406, 409 and 420 of the Indian Penal Code.
Learned counsel for the petitioner has submitted that the petitioner is Secretary of School Shiksha Samittee. The Headmaster was authorized to withdraw the amount of the school. The petitioner has put her signature as the Headmaster asked her to do so. It has also been submitted that the petitioner has already made complaint against the Headmaster of misusing the amount of the school by writing letter to District Education Officer dated 18.6.2016 which has been enclosed as Annexure 2, and, thereafter, the instant First Information Report has been lodged against this petitioner as well as Headmaster of the school.
Patna High Court Cr.Misc. No.26057 of 2017 (9) dt.16-01-2018 2/2 Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Madhawapur P.S. Case No. 69 of 2016, she shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Ajay Kumar II, learned Judicial Magistrate, 1st, Benipatti, Madhubani, subject to the conditions as laid down under Section 438 (2) Cr. P.C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.