Rabeya Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8676 of 2015 Arising Out of PS.Case No. -20 Year- 2014 Thana -GAUNAHA District- WEST CHAMPARAN(BETTIAH) ====================================================== Rabeya Khatoon .... .... Petitioner

Versus

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

For the Petitioner : Mr. Amarendra Nath Verma, Advocate. For the Opposite Party : Mr. A.A.Khan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-03-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending her arrest in a case registered for the offences punishable under Sections 188, 420, 409, 467, 468 and 471 of the Indian Penal Code.

It is alleged that during an enquiry with regard to misappropriation of fund with regard to scheme of bamboo plantation under 'MANREGA' Scheme, Jai Ram Pathak the then Panchayat Sewak, failed to submit the records before the Deputy Development Commissioner hence, the present F.I.R.

was registered with accusation of misappropriation of fund. The petitioner was not named in the F.I.R. and the petitioner's name sprang up during investigation.

Patna High Court Cr.Misc. No.8676 of 2015 (2) dt.02-03-2015 2 / 3 It is submitted by learned counsel for the petitioner that misappropriation is alleged with regard to Scheme No. 07 of 2010-11 whereas the petitioner elected as Mukhiya on 23.05.2011.

Considering thrust of accusation against Jai Ram Pathak, the then Panchayat Sewak, petitioner's name sprang up during investigation and statement made in paragraph no. 3 of the petition that the petitioner has no criminal antecedent, let the petitioner, above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Gaunaha P.S. Case No. 20 of 2014 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. West Champaran at Bettiah, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

The bail bonds of the petitioner shall be accepted on affidavit being filed before the learned court below that the petitioner will co-operate in investigation and the said affidavit shall be transmitted by the learned court below to the concerned Investigating Officer of the present case. Non co-operation in investigation by the petitioner

Patna High Court Cr.Misc. No.8676 of 2015 (2) dt.02-03-2015 3 / 3 will give liberty to the prosecution to file an application for cancellation of bail of petitioner. U.K./- (Dinesh Kumar Singh, J) U T