Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10862 of 2022 Arising Out of PS. Case No.-859 Year-2020 Thana- SARAIYA District- Muzaffarpur ====================================================== SUNITA DEVI WIFE OF SRI SUNIL PASWAN R/O VILLAGE- REPURA RAMPUR VISHWANATH, JAINTPUR, P.S.- SARAIYA O.P.- JAINTPUR, DIST.- MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No 13 For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Saraiya P.S. Case no. 859 of 2020 instituted for the offence under Sections 409, 419, 420/34 of the Indian Penal Code. Prosecution case relates to defalcation of government money by the petitioner which was provided to him to complete the work under the scheme of Nal-Jal Yojna to which he has not completed.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. She has been falsely implicated in the case due to non-

Patna High Court CR. MISC. No.10862 of 2022(2) dt.29-08-2022 2/2 fulfillment of illegal demand. Petitioner has completed the entire work which was allotted to her, and the same is apparent from measurement book. It reveals that total 25,12,000 was received by the Ward Kriyanvayan Prabandhan Samity for completion of Nal Jal Yojan in Ward No. 7 and after completion of the work total 5,12,000/- is still in the said account. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of her arrest or surrender in connection with Saraiya P.S. Case no. 859 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-IV West, Muzaffarpur subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U