Shyama Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63707 of 2017 Arising Out of PS.Case No. -13 Year- 2013 Thana -HARLAKHI District- MADHUBANI ======================================================

1. Shyama Kumari W/o Sunil Kumar Thakur, R/o Village- Sukhbasi Sisauni, P.S.- Harlakhi, District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Sri Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-01-2018 Heard both sides.

The petitioner apprehends her arrest in Harlakhi P.S. case No. 13 of 2013 for the offences punishable under Section 409, 420, 421 of the Indian Penal Code.

The Block Education Officer, Umgaon lodged the case making allegation against Sheo Shankar Paswan that the former head-cum-Assistant Teacher withdrew Rs. 15,44,316.00/- but did not complete the work and submitted vouchers. The learned counsel for the petitioner submits that petitioner is not named in the FIR. The petitioner is Secretary of Vidyalaya Shiksha Samiti. Sheo Shanker Paswan filed ABP No. 1007 of 2016 and the learned Additional Sessions Judge-II, Madhubani granted him anticipatory bail. It is submitted that from the order aforesaid, it would transpire that the Block Education Officer, the informant of the case, wrote letter No.529/14 on 22.12.2014 stating therein that due to non comparison of vouchers submitted by Sheo Shankar Paswan the case was lodged. Now

Patna High Court Cr.Misc. No.63707 of 2017 (3) dt.19-01-2018 2/2 Sheo Shankar Paswan has submitted the entire vouchers showing the completion of work and he did not defalcate or misappropriate any farthing and on such Sheo Shankar Paswan was granted anticipatory bail.

Considering the facts aforesaid and the nature of allegation made against the petitioner, the petitioner above named in the event of her arrest or surrender before the learned 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 learned Sub divisional Judicial Magistrate, Benipatti, Madhubani in connection with Harlakhi P.S. case No. 13 of 2013 (G. R. No. 469 of 2013), subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T