IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15057 of 2011 RANG BAHADUR RAM S/O- JAGRUP RAM. Versus THE STATE OF BIHAR ----------- 2 26.05.2011 Heard both sides. Petitioner is the Headmaster of a Government School. A complaint under Sections 504, 406 and 409 of the Indian Penal Code has been lodged against him by the Mukhiya giving rise to Kuchhila P.S. Case No. 23 of 2010. As per allegation, the petitioner is said to have embezzled government fund meant for distribution amongst the students of the school for their welfare. It is also alleged that the petitioner did not pay to the Gram Sewika and that the construction of boundary wall of the school was not completed in time. Learned counsel for the petitioner submits that a few days prior to the occurrence, an F.I.R. was lodged by the petitioner against the Mukhiya vide Annexure-2 alleging therein that a sum of Rs. 95,000/- carried by him for distribution amongst the students had forcibly been taken away by the Mukhiya and his associates. Referring to paragraphs 5, 6 and 7, it is submitted that the Sewika has already filed application stating that the payment of salary was already made to her. It is also submitted that the construction of boundary wall was already completed for which vouchers were also submitted before the office of 2 District Superintendent of Education. With mala fide intention, the present complaint was lodged by the accused of Annexure-2. In the facts and circumstances of the case, this Court is persuaded to admit the petitioner to anticipatory bail. In the event of arrest or surrender in the Court below within four weeks, petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhabhua in connection with Kuchhila P.S. Case No. 23 of 2010 subject to the condition as laid down under Section 438(2) of the Cr.P.C. with further condition that one of the bailors shall be own close family member of the petitioner. pkj ( Kishore K. Mandal, J)