Sangita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14071 of 2016 Arising Out of PS.Case No. -785 Year- 2015 Thana -BANKA District- BANKA ====================================================== Sangita Devi W/o Bhawesh Mahali, resident of village + P.O.- Kakwara, P.S. + District- Banka .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Subhash Kumar Jha, Advocate For the Opposite Party/s : Mr. Shailendra Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05-04-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections 420, 467, 468, 471 and 379/34 of the Indian Penal Code. Petitioner was Mukhiya at the relevant time and it is alleged that the husband of the petitioner took cheques from the informant, who happens to be Panchayat Secretary and as per procedure, the amount from the account of Gram Panchayat could be withdrawn by joint signature of the petitioner and Panchayat Secretary and it is alleged that the petitioner, in connivance with her husband, withdrew Rs.4,83,000/- making forged signatures of the informant.
Contention on behalf of the petitioner is that there was
Patna High Court Cr.Misc. No.14071 of 2016 (2) dt.05-04-2016 2/2 some dispute between the informant and the petitioner and on account of aforesaid dispute, the informant lodged this false case. It is further submitted that even if prosecution story assumed to be true, then also, it was the husband of the petitioner, who took cheques from the informant.
Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Banka in connection with Banka P.S. Case No.785 of 2015.
(Hemant Kumar Srivastava, J) N.H./- U T