IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.50096 of 2008 MD.NOORULLAH, SON OF LATE MD. RAHEEM, RESIDENT OF VILLAGE KODARIA, P.S. – PATAHI, DISTRICT – EAST CHAMPARAN ...............................PETITIONER Versus THE STATE OF BIHAR ............. OPP. PARTY ----------- 5 15.05.2009 Heard. The petitioner apprehends his arrest in Patahi P.S. Case No. 48 of 2008 under Sections 409, 420, 467, 468, 471 and 477A of the Indian Penal Code. The allegation on the petitioner is that he being the Headmaster of Government Utkramit Middle School, Sugapiper, P.S. Patahi withdrew a sum of Rs.1,03,000/- by forged signature of the Secretary namely, Tara Devi of Panchayat School Shiksha Samiti. Further allegation is that the amount was meant for use in building construction, food and dress to the girls of the school, but it was not so spent and by making further interpolation in the registers the amount was misappropriated by the petitioner. Learned A.P.P. submitted that in paragraph 7 of the case diary Tara Devi has stated that she had not signed the cheque under which the amount is said to have been withdrawn and that she has also filed complaint in this regard in the bank. Learned counsel for the petitioner submits that on the allegation the petitioner was suspended and a departmental inquiry was carried on. Annexure-9 is the inquiry report of the inquiry conducted by the Block Education Officer. It is pointed out that in the inquiry report it is mentioned that the bank officials were contacted - 2 - and they said that the cheque was passed after the signature on the cheque was compared by the bank officials/authority with the specimen signature of Tara Devi in the bank. Learned counsel also submits that in the inquiry report it is mentioned that the amounts drawn by the petitioner have been duly spent on the items meant for. Learned counsel says that in the inquiry report i.e. Annexure – 9 the charges on the petitioner have not been found substantiated. Learned counsel also submits that in the case diary the I.O mentions at paragraph 7 that he contacted Tara Devi the Secretary of Panchayat School Shiksha Samiti who stated that she had not issued any cheque but the I.O. did not verify the bank for examining the bank officers in this regard. It is submitted that in the inquiry report in the departmental proceeding against the petitioner the allegation were not found substantiated. In the facts and circumstances of the case, petitioner namely, Md. Noorullah is admitted to anticipatory bail. He is directed to surrender in the court below within two weeks from today and on his surrender he shall be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction S.D.J.M, Sikrahna at Motihari District East Champaran in connection with Patahi P.S. Case No. 48 of 2008 subject to condition laid down under Section 438(2) Cr.P.C. Kundan (C. M. Prasad, J.)