Patna High Court - Orders
Prabha Shankar Pandey vs The State Of Bihar on 18 December, 2024
Author: Arun Kumar Jha
Bench: Arun Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67452 of 2024
Arising Out of PS. Case No.-144 Year-2024 Thana- BIKRAMGANJ District- Rohtas
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Prabha Shankar Pandey Son of Late Vidyanand Pandey Resident of Village -
Gotapa (Janhi), P.S. -Bikramganj, District - Rohtas, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Rajesh Kumar Chaubey, Adv.
For the Opposite Party/s : Mr.Ramchandra Sahni, A.P.P.
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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 18-12-2024Heard learned counsel for the petitioner and learned A.P.P. for the State.
02. In the present case, the petitioner is apprehending her arrest in connection with Bikramganj P.S. Case No. 144 of 2024 registered for the alleged offences under Section 341, 323, 504, 506, 353 of the Indian Penal Code.
03. As per prosecution case, the informant has been working as Block Project Manager and during inspection of the Primary School, the petitioner who has been working as Headmaster was found absent. The allegation against petitioner is that she threatened the informant and entered into altercation with him and also manhandled him.
04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Patna High Court CR. MISC. No.67452 of 2024(3) dt.18-12-2024 2/3 The prosecution story is completely false and concocted. The occurrence took place on 13.02.2024 and 11.03.2024 whereas FIR has been lodged on 15.03.2024 and there is no explanation for the inordinate delay. The petitioner is a teacher and is having good reputation in society and the informant has been terminated from his service by the out sourcing agency on 30.04.2024 as several complaints were received against him. The informant has no business checking the attendance of the Headmaster as he has been entrusted with the task of managing the Mid Day Meal Scheme but the informant was not sincere in discharging his duties and the same was objected by the petitioner. There has been demand of illegal gratification from the informant which was not met by the petitioner and for these reasons this false case has been lodged against the petitioner who is having clean antecedent.
05. Learned A.P.P. for the State opposes the submission made on behalf of the learned counsel for the petitioner.
06. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the possibility of false accusation, let the petitioner above named, in the event of her arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction Patna High Court CR. MISC. No.67452 of 2024(3) dt.18-12-2024 3/3 of learned Court of A.C.J.M., Bikramganj in connection with Bikramganj P.S. Case No. 144 of 2024, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(Arun Kumar Jha, J) anuradha/-
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