Smt. Sulekha Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.755 of 2018 Arising Out of PS.Case No. -97 Year- 2017 Thana -PIRI BAZAR District- LAKHISARAI ====================================================== Smt. Sulekha Bharti W/o Bijay Kumar Suman, R/o Village- Konipar, Manikpur, P.S.- Manikpur (Surajgarha), District- Lakhisarai, the then I/C Headmistress of Primary School Mahsoni Western Part Khaira Musahri. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Shambhu Sharan Singh, Advocate For the Opposite Party/s : Mr. Ram Sumiran Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 12-01-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks pre-arrest bail in connection with Piri Bazar P. S. Case No. 97 of 2017 registered under Section 409/34 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioner that on erroneous facts, an FIR has been instituted for alleged defalcation of Rs.40,382/- against the petitioner and two others in construction of school building. He submitted that the scheme was of the year 2006-07 and the entire construction work was done prior to the institution of the FIR, but FIR has been instituted in the month of October, 2017. He submitted that during

Patna High Court Cr.Misc. No.755 of 2018 (2) dt.12-01-2018 2/2 the relevant time, the petitioner was In-charge Headmistress and other two co-accused are ex-president and ex-secretary of the education committee of the school. He submitted that the petitioner is still a teacher in the primary school and having got roots in the society, she is not likely to abscond or tamper with the evidence.

Having regard to the nature of allegation, in the event of arrest or surrender before the court below within six weeks from today, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Lakhisarai in Piri Bajar P. S. Case No. 97 of 2017, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J.) Kanchan/- U T