Kavita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30039 of 2017 Arising Out of PS.Case No. -91 Year- 2017 Thana -CHAUTHAM District- KHAGARIA ======================================================

1. Kavita Devi W/o- Rinku Sharma, resident of Village- Jai Prabha Nagar, P.S.- Chautham, District- Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar Sinha For the Opposite Party/s : Mr. Md. Arif ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 08-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Chautham P.S. Case No. 91/2017 for offences punishable under Sections 420, 406, 409, 120-B, 467, 468, 471, 34 of the Indian Penal Code. The prosecution case, as lodged by the informant, is that the petitioner along with other co-accused had assured the informant for grant of KCC loan of Rs. 1,00,000/- to him if the informant will deposit Rs. 3,000/- along with I. Card and PAN Card. After sometime the informant found that Rs. 95,000/- of KCC grant of loan was withdrawn from his account by the accused persons including the petitioner.

Patna High Court Cr.Misc. No.30039 of 2017 (3) dt.08-08-2017 2/3 It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent and has been falsely implicated in the aforesaid case. However, learned APP for the State opposes the prayer for bail stating therein that although the First Information Report has been lodged by the informant, it consists of signature of as many as 55 innocent persons, who were granted KCC loan and from their account withdrawals have been made and the withdrawals are to the tune of more than Rs. 1-2 crores. Considering the facts and circumstances and the materials on record, I am not inclined to grant privilege of bail to the petitioner at this stage in connection with Chautham P.S. Case No. 91/2017, pending in the court of learned ACJM-II, Khagaria.

The Director, Central Bureau of Investigation is directed to conduct investigation and the Superintendent of Police, Khagaria will hand over all the papers relating to the said case to the Director, CBI as large scale misappropriation, bungling and embezzlement appears to be there of more than Rs. 1-2 crores in KCC loan disbursement scheme.

Application stands disposed of.

Registry to take steps. A copy of this order be sent to the

Patna High Court Cr.Misc. No.30039 of 2017 (3) dt.08-08-2017 3/3 Superintendent of Police, Khagaria and Director, Central Bureau of Investigation, Bihar, Patna by Fax.

(Nilu Agrawal, J) Rajesh/- U T