Patna High Court - Orders
Ramakant Mishra vs The State Of Bihar on 2 March, 2012
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6291 of 2012
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Ramakant Mishra
.... .... Petitioner/s
Versus
The State Of Bihar
.... .... Opposite Party/s
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CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR
SINGH
ORAL ORDER
2 02-03-2012Heard learned counsels for the petitioner and the State.
The petitioner being Principal of K.B. Jha College under B.P. Mandal University is apprehending arrest in a case registered for the offences punishable under Sections 420, 409, 467, 468 and 471 of the Indian Penal Code.
It is alleged that the petitioner being the professor of K.B. Jha college received excess payment from the university by claiming a wrong date of joining as 22.08.2007 and, in order to put pressure upon the university, filed C.W.J.C. No. 6587 of 2006 but during pendency of the said writ application, filed Consumer Case No. 68 of 2007 before Consumer Forum and, in pursuance to the Forum's order, received Rs. 724600 when the University, during inquiry, found the date of joining of the petitioner as 24.08.1991 2 Patna High Court Cr.Misc. No.6291 of 2012 (2) dt.02-03-2012 2/3 and issued a notification to that effect on 04.08.2011.
It is submitted by learned counsel for the petitioner that the petitioner was absorbed as lecturer on 12.08.1997, subsequently, in view of the recommendation of Agrawal Commission, revised UGC pay scale was claimed by petitioner from 01.03.1999 to 28.02.2005 and when the said scale was not paid, Consumer Case No. 68 of 2007 was filed and, in pursuance to the order passed in consumer Execution Case No. 08 of 2008, the payment was made by University. It is further submitted by learned counsel for the petitioner that the principal in charge transmitted the claim of petitioner after thorough audit.
Considering the submission of counsel for the petitioner particularly the fact that the petitioner was paid the alleged amount in pursuance to the order of the Consumer Redressal Forum and the notification was issued on 04.08.2011by the University fixing the date of joining of the petitioner, much after the alleged payment, let the above named petitioner, be released on anticipatory bail, in the event arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar in connection with 3 Patna High Court Cr.Misc. No.6291 of 2012 (2) dt.02-03-2012 3/3 Katihar P.S. Case No. 685 of 2011, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Amrendra/-