R.R. Prasad, J. - (1.) HEARD learned Counsel appearing for the petitioner and learned Counsel appearing for the State.
(2.) THE petitioner has been apprehending his arrest in Dumka (T) P.S. Case No. 243 of 2007 registered under Section 409 of the Indian Penal Code. Learned counsel appearing for the petitioner submits that as per the case of the prosecution the petitioner while was posted as Block Welfare Supervisor at Dukma Block has been alleged to have taken money through the Cheque in advance for its distribution as scholarship to the students but the petitioner did not distribute the money amongst the students to the extent of Rs. 1,80,095/ - and kept it with him and thereby misappropriated the said amount but the entire allegation is false and falsity of the allegation would be evident from that fact that in the year 1997 the services of the petitioner was transferred from Dumka Block to Circle Office, Dumka where he was also assigned duty to distribute the scholarship which he did honestly and when he was transferred to Godda, he was given last pay certificate on the basis of no objection certificate given by the Nazir of Dumka Block and subsequently, he was promoted to the post of Welfare Officer and got retired in the year 2002 and in the year 2007, this case has been lodged with the allegation that the petitioner misappropriated the money to the tune of Rs. 1,80,095/ - and that before lodging the case when the petitioner was asked to deposit the said amount, he made representation before the Commissioner, Dumka, who entrusted the matter to District Welfare Officer, Dumka to make an enquiry and in course of making enquiry District Welfare Officer, Dumka made request to the then Nazir to come for enquiry but he never turned up and in the meantime, this case was lodged only on the basis of surmises and conjecture that the petitioner did not deposit the said amount whereas the petitioner before being relieved had deposited all the amount at the Nazarat and, therefore, on being given no objection certificate the petitioner was relieved.
(3.) AS against this, learned Counsel appearing for the State submits that before lodging the case. Block Development Officer, Dumka had made enquiry and did find that the petitioner had withdrawn the amount for distributing it amongst the students as scholarship but the same was not distributed and thereby the petitioner misappropriated the said amount. Regard being had to the facts and circumstances of the case, the above named petitioner is directed to surrender before the Court below within ten days from today and on his surrender, he shall be enlarged 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, Dukma in Dumka (T) P.S. Case No. 243 of 2007 (G.R. No. 1184 of 2007) subject to condition laid down under Section 438(2) of the Code of Criminal Procedure.;