Patna High CourtCR. MISC./12831/2018disposed

Seema Kumari v. The State Of Bihar

2018-04-03Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12831 of 2018 Arising Out of PS.Case No. -102 Year- 2011 Thana -NABINAGAR District- AURANGABAD ======================================================

1. Seema Kumari, W/o Shashi Kant Singh, resident of Village- Gogo, P.S.- Nabinagar, District- Aurangabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhaskar Shankar, Advocate For the Opposite Party/s : Mr. Harendra Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-04-2018 Heard the parties.

Petitioner seeks pre-arrest bail in Nabinagar P.S.Case No.102 of 2011 registered under Section 420/34 of the I.P.C. Allegation against the petitioner is of not submitting AC/DC bills with respect to the amount allotted to him for construction work and sports.

Learned counsel for the petitioner submits that Headmistress Rinki Kumari is in Charge Headmistress of the school but the petitioner is only an Assistant Teacher who never functioned as Incharge Headmistress of the school. As such her name has mistakenly been inserted in the F.I.R. Further he has drawn my attention towards the supplementary affidavit which reveals that no amount was sanctioned to Navsrijit Primary

Patna High Court Cr.Misc. No.12831 of 2018 (2) dt.03-04-2018 2/2 School, Sonbarsa and as such there is no question of submitting bill.

Heard learned A.P.P. also who opposed the anticipatory bail of the petitioner.

Having heard both sides and in view of the facts and circumstances discussed above let the petitioner, above named, surrender before the court below within a period of six weeks from today, and on surrender, he will be released on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of C.J.M., Aurangabad, in Nabinagar P.S. Case No.102 of 2011 subject to the conditions as laid down under Section 438(2) of Cr.P.C.

However, it is made clear that once charge is framed, he will have to surrender before the court below and pray for regular bail which will be considered on the basis of materials available at that time.

(Vinod Kumar Sinha, J) AnilKrSinha/- U