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Patna High Court - Orders

Mamta Devi vs The State Of Bihar on 18 December, 2018

Author: Arvind Srivastava

Bench: Arvind Srivastava

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Criminal Miscellaneous No.71533 of 2018
                       Arising Out of PS. Case No.-11 Year-2016 Thana- SHEOHAR District- Sheohar
                 ======================================================
                 Mamta Devi Wife of Jaimangal Ram Resident of Village- Fatmachak,
                 Mamrejpur, P.S. Sheohar, District- Sheohar, the then Secretary, School
                 Education Committee, Mamrejpur, District- Sheohar.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Devendra Kumar
                 For the Opposite Party/s :       Mr. Sri Narendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA
                                       ORAL ORDER

2   18-12-2018

Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in connection with Sheohar P.S. Case No. 11 of 2016 registered for the offence punishable under sections 406, 409/34 of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that petitioner has been falsely implicated in this case. As a matter of fact, petitioner was only the Secretary of the School in question and the drawing and disbursing authority of the funds of the school was the Headmaster of the school. Morevoer, similarly situated co-accused persons have been granted bail by different Benches of this Court vide orders dated 18.10.2016 and 25.08.2018 passed in Cr. Misc. Nos. 41511 of 2016 and Patna High Court Cr.Misc. No.71533 of 2018(2) dt.18-12-2018 2/2 38147 of 2018, as contained in Annexure-2 and 3 respectively. Petitioner has no criminal antecedent.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on 2018furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sheohar in connection with Sheohar P.S. Case No. 11 of 2016 subject to the conditions laid down under section 438(2) Cr.P.C.

(Arvind Srivastava, J) mcv/-

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