IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2397 of 2011 USHA KUMARI, WIFE OF ASHOK KUMAR RAMAN, RESIDENT OF VILLAGE PANKI, P.O. + P.S. SILAO, DISTRICT NALANDA----PETITIONER Versus THE STATE OF BIHAR---------------------------------------------------OPP.PARTY ----------- 2. 23.02.2011 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner being lady as Headmistress is apprehending her arrest in a case registered under Sections 406 and 409 of the Indian Penal Code. It is alleged against the petitioner to have defalcated a sum of Rs.4,68,750/- allotted for the construction of the school building. A statement has been made in paragraph- 10 of the petition that the petitioner has already spent Rs.4,93,990/- for the purpose of construction of the school building. It is very sorry state of affairs where the school teachers, particularly the lady teachers, are being utilized for construction of the school building and for preparation and storage of mid day meal instead of taking teaching work from them. Such schemes, which envisage such work, to be performed by teachers not only violate the fundamental right of the students guaranteed under Article 21A of the Constitution of India but it also corrupts the teachers. It appears now a days teachers are either doing 2 other works than teaching or engaged in pursuing litigation. It is expected that Government should consider to assign the construction or mid day meal work to some other agency. Without expressing any opinion on the merits of the case, since the petitioner is a lady, let the petitioner Usha Kumari, in the event of her arrest or surrender in the court below, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda at Biharsharif, in Silao P.S.case No. 146/09 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure on deposit of Rs.50,000/- in the learned court below, which will be invested in the fixed deposit scheme. The said deposited money will be subject to the result of the case. Let the order be transmitted to the Principal Secretary, Human Resources Development Department, Government of Bihar. (Dinesh Kumar Singh,J.) Spal/