While noting that now teachers are made accused with allegation that the fund allotted to the teacher/headmaster was not properly utilized, the Patna High Court on Monday (18th January) granted Anticipatory Bail to a Teacher (Shailesh Kumar).
The Bench of Justice Anil Kumar Upadhyay was hearing the plea of a teacher, Shailesh Kumar who was apprehending arrest in connection with Kateya P.S. Case No. 172 of 2016 for offences under Section 409/34A of the Indian Penal Code.
The FIR was filed against Shailesh Kumar, a teacher by profession, alleging that he didn't utilize the funds properly.
While granting him the anticipatory bail, the Court underlined,
"Primarily, the job of a teacher is to impart education to the students but unfortunately, in the State of Bihar, the authorities of the Education Department have relegated them to the level of Contractor to complete the construction work of the school building and discharge other responsibilities, instead of imparting education."
Importantly, the Court said,
"In the circumstances, the Court is of the view that the petitioner deserves privilege of anticipatory bail. The authority before fixing any criminal accountability shall consider the question of fixing responsibility on those who relegated the teachers to contractor."
Considering the aforesaid, the Court directed that in the event of his arrest or surrender within one month from date of the order, he be released on bail on furnishing bail bond of Rs. 50,000/- (Rupees fifty thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj.
Case Title - Shailesh Kumar, v. The State of Bihar [CRIMINAL MISCELLANEOUS No.28405 of 2020 Arising Out of PS. Case No.-172 Year-2016 Thana- KATEYA District- Gopalganj]
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