Pachratni Devi v. The State Of Bihar
Patna High Court Cr.Misc. No.32146 of 2017 (4) dt.29-08-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32146 of 2017 Arising Out of PS.Case No. -229 Year- 2014 Thana -ITADHI District- BUXAR ======================================================
1. Pachratni Devi, W/o Ashok Ram @ Mithu Ram, Resident of VillageJaipur, P.S.- Itarhi, District- Buxar. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar Gupta For the Opposite Party/s : Mr. Sri Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 29-08-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Itarhi Police Station Case No. 229 of 2014, disclosing offences under Sections 403, 408 and 409 of the Indian Penal Code.
Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the petitioner has not been named in the F.I.R. and during course of investigation, name of this petitioner has surfaced in this case. The petitioner happens to be Secretary of concerned Vidalaya Shiksha Samiti and he has no power to withdraw the money from the account of school
Patna High Court Cr.Misc. No.32146 of 2017 (4) dt.29-08-2017 without consent of the Principal and the Principal is solely responsible for utilization of the said money in the school. No cogent material has come during course of the investigation against the petitioner. Hence, the petitioner also deserves the privilege of anticipatory bail.
Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, 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 Chief Judicial Magistrate, Buxar, in connection with Itarhi Police Station Case No. 229 of 2014, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Arvind Srivastava, J) brajesh/- U T