Molayasa Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15582 of 2020 Arising Out of PS. Case No.-268 Year-2019 Thana- SANGRAMPUR District- East Champaran ====================================================== 1.

MOLAYASA KHATOON Wife of Jainuddin Resident of Ward No. 5, Paschmi Madhubani, Dariyapur, P.S.- Sangrampur, Distt - East Champaran (Motihari) 2.

Subeh Tara Wife of Sagir Ahmad Khan Resident of Ward No. 9, Paschmi Madhubani, Dariyapur, P.S.- Sangrampur, Distt - East Champaran (Motihari) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Asit Kumar Jha For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-07-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 420, 409 and 120B of the Indian Penal Code.

Allegation is that the accused persons committed violation of order and direction of Bihar Government and they embezzled the government money.

Patna High Court CR. MISC. No.15582 of 2020(2) dt.10-07-2020 2/3 It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. The petitioners are the Ward Members of the concerned Panchayat. It is alleged that certain irregularities were made by the petitioners. Said allegation is denied by the petitioners. It is further submitted that the petitioners are ready to deposit an amount of Rs.40,000/- jointly in the court below within a period of six weeks, which shall be subject to the result of the case.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, the petitioners are directed to deposit an amount of Rs.40,000/- jointly in the court below within a period of six weeks, which shall be subject to the result of the case. On doing so, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail on their personal bond to the satisfaction of A.C.J.M., Motihari in connection with Sangrampur P.S. case No.268 of

Patna High Court CR. MISC. No.15582 of 2020(2) dt.10-07-2020 3/3 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T