D.K.SINHA, J. - (1.) THE petitioner Meena Kumari Rai apprehends her arrest in connection with Hazaribagh Sadar P.S. Case No. 308 of 2002 corresponding to G.R. Case No. 1899 of 2002 for the alleged offence under Section 409 of the Indian Penal Code.
(2.) THE prosecution story in brief is that the petitioner was posted at Hazaribagh as District Education Officer from 4.8.1999 to 5.1.2000 and she Was transferred to Bhabhua, where she joined on 6.1.2001. It was alleged that during her posting at Hazaribagh the petitioner was taking the assistance of Chandradeo Pathak a clerk in the establishment section and another Ram Sharma, an assistant in the District Education Office and Sub -divisional Education Office respectively, in spite of communication of their transfer order. It was alleged that a number of records as described in the written report dated 26.7.2002 were lying with the petitioner and the said two clerks unauthorizedly retained the documents and records in spite of directions of the authorities by different letters and FAX putting obstruction in discharge of the official work of the en -cumbent. Mr. V.P. Singh, learned Sr. Counsel submitted that the occurrence as alleged took place from 4.8.1999 to 5.1.2000 but the case was instituted on 6.8.2002 without any explanation of such inordinate delay. As a matter of fact, the present case instituted against the petitioner was the counter blast of the complaint petition No. 8991 of 2000 filed by the petitioner before the Chief Judicial Magistrate, Hazaribagh in which cognizance of the offence was taken under Sections 353/420/406/409/504 of the Indian Penal Code much prior to the lodging of the instant case as against Smt. Malti Chaya Kuzur the then so -called In -charge of District Education Office, Krishna Singh, Treasury Officer, Uma Shankar Singh, Raj Kumar Ram and Maicheal Beck with certain allegation of putting lock in the chamber of the complainant and also of removing valuable records and documents from the chamber. The learned Counsel further submitted that when the petitioner was transferred within six months from Hazaribagh she preferred CWJC No. 93 of 2000 challenging her transfer order and in terms of the interim order dated 27.1.2000 Patna High Court stayed the operation of the order of her transfer and writ petition was disposed of with the direction to the petitioner to make a representation before the Secretary, Government of Bihar and pursuant to such direction she though made representation but it was rejected vide order dated 1.7.2000 upholding the order of the transfer from Hazaribagh to Bhabhua. Another writ petition CWJC No. 6747 of 2000 was preferred by the petitioner and the Patna High Court in terms of the interim order dated 31.7.2000 observed: In the meantime, the petitioner will continue at the place where she was functioning prior to 1.7.2000.
(3.) THE petitioner continued functioning as District Education Officer, Hazaribagh which could be evident from various letters of the Special Secretary, Directorate of Education, issued to the District Education Officer, Hazaribagh, a copy of which has been annexed as Annexure -4 with the anticipatory bail application. She continued functioning as District Education Officer, Hazaribagh, till 23.11.2002.;