Sahima Khatoon @ Mukhiya Smt. Sahima Khatoon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5464 of 2022 Arising Out of PS. Case No.-257 Year-2017 Thana- AKBARPUR District- Nawada ====================================================== SAHIMA KHATOON @ MUKHIYA SMT. SAHIMA KHATOON W/o Mohammad Usman Ali Resident of Village- Runipur, P.S.- Akbarpur, DistrictNawada. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar Verma, Advocate For the Opposite Party/s :
Mr.Parmeshwar Mehta, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-04-2022 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case registered fro the offence under Sections 419,420,467,468,409/34 of the Indian Penal Code.
On the direction of the District Magistrate, Nawada, the present FIR was lodged by the BDO, Akbarpur alleging therein that this petitioner along with Panchayat Secretary of Gram Panchayat, Makhar have allegedly withdrew an amount of Rs. 66,60,000/- from the account of Gram Panchayat bearing A/c no. 72910100049195 of Mukhya Mantri Seven Nishay Yojana and defalcated the same.
Learned counsel for the petitioner submits that the Panchayat Secretary, who is Government employee, is
Patna High Court CR. MISC. No.5464 of 2022(2) dt.04-04-2022 2/2 custodian of all papers including cheques of the Gram Panchayat. He submits that it was the Panchayat Secretary Mansarovar Singh who forged signature of the petitioner on 33 cheques illegally and took signatures on three cheques in good faith. In all the cheques, direction was to make payment to the Panchayat Secretary. Said Panchayat Secretary Mansarovar Singh has already been allowed bail by a co-ordinate bench of this Court vide para 11 of the bail petition. She is in custody since 1.10.2021. Investigation is complete.
Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate I, Nawada in Akbarpur Police Station Case No. 257 of 2017.
(Prabhat Kumar Singh, J) shashi/- U T