Smt. Indrawati Devi @ Indrawati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15894 of 2019 Arising Out of PS. Case No.-153 Year-2018 Thana- SANOKHAR District- Bhagalpur ====================================================== SMT. INDRAWATI DEVI @ INDRAWATI DEVI, Wife of Suresh Prasad Singh Resident of Village- Sathiyari Bamiya, Police Station- Amdanda, District- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar For the Opposite Party/s :

Mr. Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-03-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Sanokhar (Amdanda) Police Station Case No. 153 of 2018, disclosing offences under Sections 406, 408, 409, 420, 120B of the Indian Penal Code.

The petitioner, at the relevant point of time, was Mukhiya of Gram Panchayat Boda Pathakdih, in the district of Bhagalpur. The First Information Report has been registered by the Block Development Officer, Sanhaula, in the light of an order passed by the Additional Collector -cum- Public Grievance Redressal Officer, Bhagalpur, dated 07.12.2017, on an application filed by one Suman Kumar Singh of the said

Patna High Court CR. MISC. No.15894 of 2019(2) dt.14-03-2019 2/3 Gram Panchayat. The order, dated 07.12.2017, passed by the Public Grievance Redressal Officer, is part of the First Information Report. The said order is the basis for registration of the First Information Report. From perusal of the First Information Report, it can be easily noticed that though there are allegations of financial irregularities against the petitioner in execution of certain work, there is no allegation against her of misappropriation of any public money for her own use. The petitioner and the Panchayat Secretary have been found to be responsible for misuse of public money.

Considering the above, this application is allowed. Let the petitioner, above named, in the event of her arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur, in connection with Sanokhar (Amdanda) Police Station Case No. 153 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present herself before the police/Court, as the case may be, as and when required and in the event of failure on her part to

Patna High Court CR. MISC. No.15894 of 2019(2) dt.14-03-2019 3/3 appear before the Court on two consecutive occasions, her bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √