Reena Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3260 of 2016 Arising Out of PS.Case No. -118 Year- 2014 Thana -BALRAMPUR District- KATIHAR ======================================================

1. Reena Devi W/o Sita Ram Das

2. Sita Ram Das S/o Buchai Lal Das Both are Resident of village- Palsa Khanabari, P.S.- Balrampur, Panchayat- Sihagaun, P.S.- Balrampur, District- Katihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raghvendra Kumar Singh For the Opposite Party/s : Mr. Parmanand Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-01-2016 Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 406, 420, 34 of the Indian Penal Code.

It is alleged against the petitioners that petitioner No. 1 being Panchayat Ward member and petitioner No. 2 being husband of petitioner No. 1 used to realize Rs. 5000/- from the prospective beneficiaries of Indira Awas Scheme. The enquiry was conducted and on conclusion of the investigation the F.I.R was registered.

It is submitted by learned counsel for the petitioners that petitioners have no authority either to sanction or disburse the amount under Indira Awas Scheme and the whole incidence has been designed to save the skin of the panchayat representatives and the officers concerned with the

Patna High Court Cr.Misc. No.3260 of 2016 (2) dt.20-01-2016 2/2 sanctioning and disbursement of the amount under Indira Awas Scheme.

A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Balrampur(Telta) P.S. Case No. 118 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Shageer/- U T