Abha @ Abha Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72640 of 2024 Arising Out of PS. Case No.-375 Year-2022 Thana- RIVILGANJ District- Saran ====================================================== Abha @ Abha Kumari Wife of Rajesh Jaiswal R/o Village- Amnaur Harnarayan, P.S.- Amnaur, District- Saran at Chapra (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vyas Kumar Mishra Mr. Anirudh Kumar Verma For the Opposite Party/s :
Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-10-2024 1.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
2.
The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 409 and 34 of the Indian Penal Code.
3.
Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that on complaint of professor Sunil and Shiv Bhushan of Kunwara Chandradeep College against the principal of the college of committing financial irregularities, the DEO, Saran was directed to hold an enquiry. It is further alleged that several opportunities were given to the Principal to explain her side of the case by participating in the inquiry, but she did not
Patna High Court CR. MISC. No.72640 of 2024(2) dt.07-10-2024 2/3 participate, thereafter the enquiry report was submitted wherein it was recorded that Principal distributed the grant received by the College to Prabodh (Clerk) and Asha (Teacher), though they have remained absent as their attendance is not marked in the attendance register, hence the grant was misutilized by not distributing it proportionately, further the petitioner issued cheque of Rs. 10,000/- in favor of the teachers after taking Rs. 5,000/- from them and got the cheque encashed in name of her husband, but the same in the enquiry has not been established and thus requires investigation and the payments have been made under joint signature of petitioner and the Bursar of the college.
4.
The learned counsel for the petitioner submits that petitioner has not been named in the FIR. It is further submitted that petitioner is also a teacher of the aforesaid college and has been discharging her duties regularly. It is next submitted that in the FIR, it is alleged that grant was misutilized by giving the money to Prabodh and Asha. It is next submitted that petitioner will not abscond rather will cooperate in the investigation to prove her innocence that she has received the money by way of her salary and not on account of any favoritism. 5.
Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.72640 of 2024(2) dt.07-10-2024 3/3 anticipatory bail of the petitioner.
6.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of her arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Rivilganj P.S. Case No. 375 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) SUMIT/- U T