Tribhuvan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18219 of 2015 Arising Out of PS.Case No. -312 Year- 2013 Thana -SIMRI BAKHTIARPUR District- SAHARSA ====================================================== Tribhuvan Yadav son of Gore Lal Yadav resident of village - Ainee Gram Panchayat Raj Mohammadpur, P.S. - Bakhtiyarpur (O.P. Balwa Hat), District - Saharsa.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jyoti Prabhakar For the Opposite Party/s : Mr. Md.Fahimuddin(App) CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 29-06-2015 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is an accused in Bakhtiyarpur (Balwa Hat O.P.) P.S. Case No. 312 of 2013 registered under sections 409,420 and 120-B/34 IPC on the basis of the complaint initially filed by the complainant alleging that a sum of Rs. 30,000/- was allotted to her under Indira Awas Yojna which was illegally withdrawn by the wife of the petitioner.

Counsel for the petitioner submits that upon institution of the FIR the SDPO made a query from the office of the Block Development Officer wherefrom it was informed that the amount with wrongly withdrawn by Priti Devi which was subsequently deposited in the account. Over and above, the petitioner has no

Patna High Court Cr.Misc. No.18219 of 2015 (3) dt.29-06-2015 2/2 role in commission of crime. He is simply the husband of Priti Devi who is said to have withdrawn the money illegally allotted to the informant. The petitioner is in custody since 17.03.2015. Considering the above, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction CJM, Saharsa in Bakhtiyarpur (Balwa Hat O.P.) P.S. Case No. 312 of 2013 on condition that one of the bailors of the petitioner shall be his own/close family member. In the event of framing of charge he shall appear on each date fixed at the trial. In case of default in appearance on two consecutive dates, his bail bonds shall be cancelled.

(Kishore Kumar Mandal, J) HR/- U T