Khushabu Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33760 of 2020 Arising Out of PS. Case No.-318 Year-2019 Thana- KARAHGAR District- Rohtas ====================================================== KHUSHABU KUMARI Wife of Subhash Patel Resident of Village - Chandaura, P.S.- Chhabilapur, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Prakash Singh For the Opposite Party/s :

Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-12-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends her arrest in Karahagar (Barahari OP) P.S. Case No. 318 of 2019, registered for the offences punishable under Sections 419, 420, 406, 409 and 34 of the Indian Penal Code.

As per prosecution case, this petitioner completed and submitted the measurement book without completing the work and defalcated government money.

It is submitted that from perusal of letter no. 1534 dated 05.11.2019 (issued by the District Magistrate, Rohtas

Patna High Court CR. MISC. No.33760 of 2020(3) dt.16-12-2020 2/2 (Sasaram) which is annexed with FIR, it is apparent that petitioner has not committed any defalcation rather the work has already been completed, as per the measurement of book. During course of investigation, the I.O. has also found that work of PCC road has been completed as per measurement book. Considering the facts aforesaid, the petitioner abovenamed, in the event of her arrest/surrender before the court below within a period of eight weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 3, Sasaram, Rohtas in connection with Karahagar (Barahari OP) P.S. Case No. 318 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) vinita/- U T