Kanchan Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6940 of 2022 Arising Out of PS. Case No.-10 Year-2021 Thana- LADAIYATAR District- Munger ====================================================== KANCHAN DEVI D/o Late Rajendra Prasad, W/o Birendra Kumar Resident of Village - Govindpur, P.S.- Laraiya Tand, Distt.- Munger. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Kamal Nayan, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 406, 409, 419, 420, 467, 468 and 120(B)/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a woman. The informant (BDO) alleges that Three Members Inquiry Committee has found that the petitioner and others have not completed the work with regard to the 14th Economic Yojna, 5th Economic Yojna and 7th Nishchay Yojna and Three Members Inquiry Committee has found the petitioner and others prima facie guilty, thus, it is alleged that the petitioner without completing the work embezzled the government money.

Patna High Court CR. MISC. No.6940 of 2022(3) dt.23-08-2022 2/2 Learned counsel submits that from bare perusal of the allegation as alleged in the FIR, it would manifest that the same is vague and the petitioner is the Ward President of Ward No. 5 of Mahgama Gram Panchayat. He further submits that from perusal of the inquiry report at page 56 of the anticipatory bail application which is part of the FIR, it would manifest that the Executive Engineer, MANREGA has recorded that the work in Ward No. 5 was found to be satisfactory.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the fact that petitioner is a lady, is a person with clean antecedent and the report of the Executive Engineer, MANREGA, the petitioner above-named, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees 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 Laraiya Tand P.S. Case No. 10 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T