Sabina Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9101 of 2020 Arising Out of PS. Case No.-64 Year-2015 Thana- BAUSI District- Purnia ====================================================== 1.

Sabina Khatoon (Sarpanch Minapur Panchayat), aged about 35 years, Female, Wife of Abdul Jalil, Resident of Village - Gotfar, P.S.- Baisi, District- Purnea 2.

Anjera Khatun (Mukhiya Minapur Panchayat), aged about 32 years, Female, Wife of Asafak Ali, Resident of Village - Ziagachhi, P.S.- Baisi, DistrictPurnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Mr. Dr. Bidhu Ranjan, Advocate For the State :

Mr. Akhileshwar Dayal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-02-2020 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Baisi P.S. Case No. 64 of 2015 registered for the offences punishable under Sections 420, 465, 468, 471, 467 and 120B of the Indian Penal Code.

As per F.I.R. the prosecution case is that on 21.04.2015 due to storm several houses were damaged and for the survey for the same, a Committee was constituted and committee prepared a list to those houses, who were damaged in

Patna High Court CR. MISC. No.9101 of 2020(2) dt.29-02-2020 2/3 the storm but accused persons and these petitioners being Sarpanch and Mukhiya of Manipur Panchayat prepared forged and fabricated list of illegal beneficiaries after realizing illegal money.

Learned counsel for the petitioners submits that perusal of the F.I.R. shows that when the distribution of relief fund was started then some villagers raised objection that names of persons were inducted in the list by the public representatives aftr taking money which shows that the names of petitioners being Mukhiya and Sarpanch has been ragged due to political rivarly. He further submits that in the instant case, the induction of name was being done by the Government servant, who is the Panchayat Secretary with the help of Ward Member and the petitioners being Mukhiya and Sarpanch have only role of recommendation. He further submits that there is no overt act against the petitioners.

In the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Purnea in connection

Patna High Court CR. MISC. No.9101 of 2020(2) dt.29-02-2020 3/3 with Baisi P.S. Case No. 64 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) Nasimul/- U T