Umarawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20784 of 2023 Arising Out of PS. Case No.-659 Year-2020 Thana- SARAIYA District- Muzaffarpur ====================================================== UMARAWATI DEVI, Wife of Rampukar Mahto Resident of villageGorigawan, P.S.- Saraiya, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Masoom Alam, Advocate For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-10-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Saraiya dated 04.10.2020, P.S. Case No. 659 of 2020 registered for the offence punishable under Sections 409, 420 read with section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have furnished false affidavit concealing the true facts in order to avail the benefit of Pradhan Mantri Awas Yojna and again availed Rs. 40,000/- under the said scheme to construct their respective houses. It is further alleged that they had earlier availed the same benefit under Indira Awas Yojna Scheme.

4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is further

Patna High Court CR. MISC. No.20784 of 2023(5) dt.31-10-2023 2/2 submitted that the petitioner has not embezzled any money of the government scheme and she has no concern with the alleged offence. It is further submitted that the affidavit regarding Indira Awas Yojna was not executed by the petitioner rather it was signed and executed by the husband of the petitioner. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner who is a lady, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Muzzafarpur in connection with Saraiya P.S. Case No. 659 of 2020, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T