Patna High CourtCR. MISC./17676/2018rejected

Sabita Devi v. The State Of Bihar

2018-04-04Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17676 of 2018 Arising Out of P.S.Case No. -75 Year- 2017 Thana -KARPI District- JEHANABAD ====================================================== Sabita Devi, Wife of Sri Vijay Kumar @ Ajay Yadav, Resident of VillageDakshinwari Mathia, P.S.- Karpi, District- Arwal. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Arvind Prasad Singh, Advocate For the Opposite Party : Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 04-04-2018 Heard.

It appears that the petitioner's anticipatory prayer was rejected on 06.07.2017 considering the fact that this petitioner being member of Siksha Samiti in collusion with other coaccused disbursed the total amount of Rs.5,54,829/- within ten days which was sanctioned for construction of two additional class rooms. The class rooms could not be constructed as per report of junior engineer and accordingly the case was registered. The learned counsel for the petitioner submits that the construction work has already been completed. One of the coaccused was provisionally allowed bail by one of the coordinate Bench of this Court on 19.09.2017 in Cr.Misc.No.45910 on his undertaking that he would complete the construction work within

Patna High Court Cr.Misc. No.17676 of 2018 (2) dt.04-04-2018 2/2 six months. The work assigned to the petitioner has already been completed and in support of her case, the learned counsel annexed copy of certificates granted by Block Education Officer and concerned District Programme Officer.

Considering the materials as against the petitioner is earlier rejection order, I am not inclined to reconsider her prayer for anticipatory bail. Prayer is rejected. The petitioner, however is directed within two weeks from today and prayer for regular bail where her prayer shall be considered on the same day without being prejudiced by the order of this Court.

(Sanjay Kumar, J) B.Kr./- U T