Patna High CourtMadan Mohan Prasad vs The State Of Bihar on 18 October, 2016Author:Ahsanuddin AmanullahBench:Ahsanuddin AmanullahIN THE HIGH COURT OF JUDICATURE AT PATNA
                       Criminal Miscellaneous No. 44927 of 2016
                Arising Out of PS.Case No. -116 Year- 2014 Thana -DERNI District- SARAN

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Madan Mohan Prasad S/o Late Sahdeo Prasad resident of Village Bhatwaliya P.O.
Sutihar P.S. Derni, District- Saran at Chapra.
                                                                        .... ....   Petitioner/s
                                          Versus
The State of Bihar
                                                                   .... .... Opposite Party/s
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Appearance :
For the Petitioner/s             :        Mr. Vijay Kumar &
                                          Ms. Rajani Kumari, Advocates
For the State                    :        Mr. Anuj Kumar Srivastava, A.P.P.
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
                   ORAL JUDGMENTDate: 18-10-2016



                         Heard learned counsel for the parties.The petitioner apprehends arrest in connection with

   Derni P.S. Case No. 116 of 2014 dated 07.10.2014 instituted underSections 409/420/419/467/468/471of the Indian Penal Code.The allegation against the petitioner, who was the

   then Principal of the school, is of not depositing Rs. 2,02,155/- which

   is said to have been collected as fee from the students, to the

   informant, who was the Secretary of the school.Learned counsel for the petitioner submits that the
 Patna High Court Cr.Misc. No.44927 of 2016 dt.18-10-20162/3amount collected was duly reflected in the register and nothing was

        defalcated as everything was disclosed. It is submitted that even in

        the explanation asked from him, he has given the details, but because

        he had left the school due to his demand for payment of salary, false

        case has been lodged. It is submitted that in any view of the matter,

        when the fee was collected from the student, the amount is known

        and reconciliation has to be made and if at all the informant had a

        genuine grievance, of there being some due amount was against the

        petitioner, it can be recovered through the process of the civil Court,

        but not by instituting a criminal case. It is further submitted that the

        informant has not disclosed as to whether he has been permitted to

        file the case on behalf of the school since no such statement has been

        made by him and he has done so only claiming himself to be the

        Director of the school. It is further submitted that the petitioner is a

        teacher and has no criminal antecedent.Learned A.P.P. opposes the prayer for anticipatory

        bail.Considering the facts and circumstances of the case

        and submissions of learned counsel for the parties, in the event of

        arrest or surrender before the Court below within six weeks from

        today, the petitioner be released on bail upon furnishing bail bonds of

        Rs.10,000/- (ten thousand) with two sureties of the like amount each
            Patna High Court Cr.Misc. No.44927 of 2016 dt.18-10-20163/3to the satisfaction of the learned S.D.J.M., Saran at Chapra in Derni

                   P.S. Case No. 116 of 2014, subject to the conditions laid down inSection 438(2)of the Code of Criminal Procedure, 1973.(Ahsanuddin Amanullah, J.)

P. Kumar

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