IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23131 of 2008 SURYA KANTI SINHA Versus STATE OF BIHAR ----------- 3. 22.9.2008 Heard the learned counsel for the petitioner and the State. The petitioner is apprehending her arrest in connection with Silao P.S. Case No.344/2007 for the alleged offences registered under sections 406, 409 and 420 of the Indian Penal Code. The allegation against the petitioner is that while she was the Chairman of the School Education Committee, construction of the school building under her supervision was carried out. On inspection by the Assistant Engineer, it was detected that the roof of the building at some portion with supporting beam was found bended for which two supporting brick pillars were placed under it and on removing of such brick pillars, the roof could fall down and also during rainy season, seepage of water was also found and as such, the case was lodged against the petitioner, who was the Chairman of the said School Committee, the Secretary and the Headmaster. It is submitted on behalf of the petitioner that when the construction work was commenced, the petitioner was the Chairman of the School Education Committee. However, she resigned on 8.8.2003, vide Annexure 3. It is further submitted that the supervision of the work was done by the concerned Junior Engineer and the payments were made on the basis of the measurement book by the concerned Junior Engineer with respect to the construction carried 2 out. It is further submitted that during the course of investigation, material has come to suggest that the roof which was said to be defective was constructed after the petitioner resigned from the post of Chairman and she cannot be held responsible. The learned APP on going through the case diary submits that considerable amount of money for the construction in question was withdrawn jointly by this petitioner along with the Secretary and the Headmaster of the School leaving a paltry sum to the tune of Rs.30,000/- only. It is further submitted that some of the prosecution witnesses have stated that the construction was done before the resignation of this petitioner from the post of Chairman. However, some of the witnesses have said that the construction of the roof was carried out after the incident of Marpit with the Headmaster of the School by some anti-social elements for not giving Rangdari to him and for that an F.I.R. was lodged by the Headmaster of the School for different offences on 5.8.2005. The learned APP submits that the witnesses have said that the construction of roof was carried out after the alleged incident of Marpit with the Headmaster. However, it is not clear that when the Marpit was held, although the F.I.R. was lodged on 5.8.2005. It is also not disputed that the petitioner resigned from the post of Chairman on 8.8.2003. Considering the submissions of the parties, as noticed above, it is directed that the petitioner Surya Kanti Sinha, in the event of her arrest or surrender in connection with Silao P.S. Case No.344/2007, within a period of four weeks from today, be enlarged 3 on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda, Biharsharif, in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. PNM (Shailesh Kumar Sinha, J.)