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Patna High CourtCR. MISC./2626/2023allowed

Shashi Devi v. The State Of Bihar

2023-03-16Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2626 of 2023 Arising Out of PS. Case No.-505 Year-2022 Thana- BUXAR District- Buxar ====================================================== SHASHI DEVI Wife of Madan Prasad R/v- Katiknagar P.S.- Nawanagar, District- Buxar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pawan Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-03-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner apprehends her arrest in a case registered for offence punishable u/s 420, 409, 467, 468, 471, 472, 34 of IPC. Allegation against the petitioner is that she has defalcated Rs.12,50,230/- in collusion with a co-accused Government employee.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. She has been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. It is submitted that the matter relates to the year, 2016 as payment is said to have been made in 2016 but the F.I.R. was lodged in the year, 2022 and certificate proceeding is also going

Patna High Court CR. MISC. No.2626 of 2023(2) dt.16-03-2023 2/2 on against the petitioner, which is mentioned in para-10 of the bail application. She has never misappropriated nor forged any document. It is further submitted that after six years, the present F.I.R. has been lodged against the petitioner. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Buxar (Town) P.S. Case No.505/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. However, petitioner is directed to co-operate in the Certificate case.

(Anjani Kumar Sharan, J) pallavi/- U T