Soni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11434 of 2019 Arising Out of PS. Case No.-148 Year-2017 Thana- NAWADA District- Nawada ====================================================== SONI DEVI Wife of Sri Pappu Yadav Resident of Village- Pawra, P.S.- Pawra, P.S.- Nagar (Kadirganj), District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhay Kumar Singh For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-07-2019 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case registered under Sections 420, 409, 467, 468, 471, 120B of the Indian Penal Code and under Section 7/13(a) of Prevention of Corruption Act, 1988 and Section 4 of Prevention of Money Laundering Act 2002.

Allegedly, irregularities and misappropriation was committed in various schemes during tenure of accused Soni Devi (petitioner) Mukhiya of village Paure, P.O.Kadirganj, Nawada. It is further alleged that the petitioner and one another amassed disproportionate assets which was not explained with regard to the income disclosed by them.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against

Patna High Court CR. MISC. No.11434 of 2019(6) dt.18-07-2019 2/3 the petitioner. The petitioner is in custody since 26-09-2018. Charge sheet has already been submitted. The petitioner was holding the post of Mukhiya from 2006 to 2016. It is alleged that during her tenure, approximately Rs. 3,00,00000/- (three crores) was sanctioned for different government schemes. She is alleged to have misappropriated the public money for her personal gain. For the said reason, the present case was instituted after a direction being given by the Hon'ble Court passed in CWJC No. 7769 of 2014. The petitioner submits that no proper inquiry was made nor the petitioner was given opportunity to defend herself.

On behalf of the counsel for the Vigilance, it is submitted that the petitioner being Mukhiya has misappropriated the public fund relating to MANREGA, Indira Awas and such other schemes run by the Government for the weaker section. The weaker section has been deprived of such welfare schemes run by the government due to the act committed on the part of the petitioner.

Considering the aforesaid facts and circumstances, I am not inclined to release the petitioner on bail. Accordingly, prayer for bail of the petitioner in connection with Nawada Nagar (Kadirganj) P.S. Case No. 148 of 2017 is rejected.

Patna High Court CR. MISC. No.11434 of 2019(6) dt.18-07-2019 3/3 The court below is directed to take all necessary steps to conclude the trial of the petitioner, preferably, within a period of nine months from the date of receipt/production of copy of the order.

(Sudhir Singh, J) A.K.V.//- U T