IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23615 of 2011 ====================================================== Smt. Shakuntala Devi, wife of Krishnanandan Prasad, resident of Vill. New Etwarpur, P.S. Parsa Bazar, Distt. Patna. At present posted as Headmistress at Primary School Baruna, Sampatchak, Patna. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kumar, Advocate For the Opposite Party/s : Mr. Nirmal Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 3 13-10-2011 Heard. The petitioner apprehends her arrest in a criminal prosecution registered under Sections 406, 409, 420/34 of the Indian Penal Code. It is submitted by learned counsel appearing on behalf of the petitioner that at the relevant time, the petitioner was working as Incharge Headmistress of Primary School Baruna in the District of Patna. In the financial year 2003-04 for construction of two School rooms, out of total sanctioned amount of Rs.2,53,400/-, an amount of Rs.2,40,690/- was withdrawn by the School Education Committee and construction work was started. It is submitted that subsequently, the petitioner was transferred from that School and Patna High Court Cr.Misc. No.23615 of 2011 (3) dt.13-10-2011 2 she handed over the charge to new incumbent. Subsequently the present first information report was lodged. It is also submitted that the petitioner, being the Incharge Headmistress, was not solely responsible for construction of School buildings, rather a Committee was required to supervise the construction work, and for any irregularity in construction of School building, the petitioner cannot be held solely responsible. It is also submitted that the petitioner, being the Government servant, is not likely to abscond or tamper the prosecution evidence. Learned Additional Public Prosecutor appearing on behalf of the State, after going through the case diary, has not been able to point out that any specific amount, which could be alleged to have been misappropriated by the petitioner. Be that as it may, in the facts and circumstances of the case, in the event of her arrest or surrender before the learned court below within a period of four weeks from today, the above named petitioner is directed to be released on bail in connection with Gaurichack P.S. Case No. 12 of 2011 on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Patna City, Patna subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and subject to further conditions Patna High Court Cr.Misc. No.23615 of 2011 (3) dt.13-10-2011 3 that:- (a) that one of the bailors must be a government servant or close family member or relation of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner. (b) the petitioner shall make regular pairvi in the court below in the present case either by appearing herself in person or through representation by her lawyer on each and every date, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioner. Anjani /- (Birendra Prasad Verma, J)