Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13483 of 2010 ===================================================== Firdaus Khanam, wife of Rizwanullah Khan, resident of M.M. Colony Siwan, P.S. Siwan, Nagar, District-Siwan. .... .... Petitioner. Versus 1. The State of Bihar. 2. Md. Sayid Zaffar, son of Md. Zaffar Marhum, resident of Super Market Chauk Bazar, Siwan, P.S. Siwan Nagar, District-Siwan. .... .... Opposite Parties. ===================================================== With Criminal Miscellaneous No.14583 of 2010 ===================================================== 1. Firdaus Khanam, wife of Rizwanullah Khan. 2. Rijwanullah Khan, son of Md. Atramullah Khan. Both resident of M.M. Colony Siwan, P.S. Siwan Nagar, District- Siwan. .... .... Petitioners. Versus 1. The State of Bihar. 2. Ajamullah Ansari, son of Late Shafayat Hussain, resident of village-Hathauri, P.S. Hussainganj, District-Siwan. .... .... Opposite Parties. ===================================================== With Criminal Miscellaneous No.23958 of 2010 ===================================================== 1. Firdaus Khanam, wife of Rizwanullah Khan. 2. Rizwanullah Khan, son of Late Md. Ekramullah Khan. Resident of M.M. Colony, P.S. Siwan Nagar, District-Siwan. .... .... Petitioners. Versus 1. The State of Bihar. 2. Hatim Ali, son of Late Md. Mustakim, resident of Old Kila Pokhar, P.S. Siwan Nagar, District-Siwan. .... .... Opposite Parties. ===================================================== Appearance : (In all the Criminal Misc. Applications) For the Petitioners : M/s. A.A. Khan and Rajdular Sah, Advocates. For the State : Mr. Uday Chand Prasad, A.P.P. For the O.P. Nos.2 : Mr. Raghav Prasad, Advocate. ===================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA CAV ORDER ------------ Patna High Court Cr.Misc. No.13483 of 2010 (6) dt.29-11-2012 2 / 13 2 6 29-11-2012 All the aforesaid three applications have been heard together and are being disposed of by this common order with the consent of the learned counsel for the parties. 2. Criminal Misc. No.13483 of 2010 is directed against the order dated 9.3.2010 passed in Complaint Case No.63 of 2010 by the court of Sri K. Joshi, Judicial Magistrate, Siwan, whereby the learned Judicial Magistrate summoned the accused-petitioner, Firdaus Khanam, on enquiry under [STATUTE] . Criminal Misc. No.14583 of 2010 is directed against the order dated 31.3.2010 passed in Complaint Case No.2776 of 2009 by the court of Sri H. Roy, Judicial Magistrate, First Class, Siwan, whereby the learned Judicial Magistrate summoned the accused- petitioners, Firdaus Khanam and Rijwanullah Khan, on enquiry under Section 202 of the Code of Criminal Procedure, finding prima facie case under [STATUTE] . Criminal Misc. No.23958 of 2010 is directed against the order dated 29.3.2010 passed in Complaint Case No.2807 of 2009 by the court of Sri R.K. Pandey, Judicial Magistrate, First Class, Siwan, whereby the learned Judicial Magistrate summoned the Patna High Court Cr.Misc. No.13483 of 2010 (6) dt.29-11-2012 3 / 13 3 accused-petitioners, Firdaus Khanam and Rizwanullah Khan, on enquiry under Section 202 of the Code of Criminal Procedure, finding prima facie case under [STATUTE] . 3. The relevant facts leading to Criminal Misc. No.13483 of 2010 is that the complainant-opposite party no.2, Md. Sayid Zaffar, filed the Complaint Case No.63 of 2010 with the contention that he is the Head Clerk in Daud Memorial Urdu Girls High School, Siwan, in which the accused-petitioner, Firdaus Khanam, is the Headmistress. In the said school the salary of the teachers and employees is being paid after preparing the pay-bill on receiving the allotment from the State Government. While the fund was allotted for the month of March, 2009 to September, 2009 but the salary of the teachers and other employees of the said school was not paid. He being the Head Clerk of the said school prepared the pay-bill of the teachers and employees and presented the same before the Head Mistress/accused-petitioner, Firdaus Khanam, for her signature and also to get the signature of the Secretary of the management of said school and sent the bills for clearance to the District Education Officer. The accused- petitioner, Firdaus Khanam, called him and asked to collect Rs.2000/- from each teachers and employees of the school to pass Patna High Court Cr.Misc. No.13483 of 2010 (6) dt.29-11-2012 4 / 13 4 the bill on which he made protest saying that he would not be able to collect the said bribe. The Headmistress/accused-petitioner, Firdaus Khanam, became annoyed and asked him to go out from the office. It is further alleged by the complainant-opposite party no.2 that since his marriage was settled and the date of his marriage was fixed on 14.11.2009, so he gave an application for earned-leave but the same was kept pending without passing any order by the Headmistress/accused-petitioner, Firdaus Khanam. Thereafter, he came on 19.11.2009 on his duty and again gave an application for leave from 1.12.2009 to 24.12.2009 and came on duty on 26.12.2009 and then he came to know that there is dispute in between the Headmistress and the employees of the said school regarding the bribe. On 27.12.2009, when he was doing the work of his office then he was asked by the Headmistress/accused- petitioner, Firdaus Khanam, to give in writing that the Headmistress had not demanded the bribe, which was refused by him. Thereafter, the Headmistress/accused-petitioner, Firdaus Khanam, thrashed his hair and started to assault him through slipper using abusive language. Since the husband of the Headmistress/accused-petitioner, Firdaus Khanam, had approach in the Police Department, so he could not approach the polic

Applicable IPC Section: 379

Statute Text:
Section 379 of the Indian Penal Code. Theft. Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.