Vinita Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16786 of 2019 Arising Out of PS. Case No.-240 Year-2018 Thana- KARAHGAR District- Rohtas ====================================================== Vinita Devi, W/o Santosh Singh @ Santosh Kumar Singh R/o Vill.- Sidhi, P.S.- Kargahar, Distt.- Rohtas.

... ... Petitioner/s

Versus

1. The State of Bihar

2. The District Manager, BSFC, Sasaram.

3. The Branch Manager, Sasaram, Bhabhua Central Co-opertive Bank Ltd., Sasaram ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Parmeshwar Mehta, APP For BSFC :

Mr. Agreya Pratap, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-09-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehend her arrest in connection with Kargahar (Sidhi) P.S. Case No.240 of 2018 for the offence punishable under Sections 406, 409, 420, 120(B), 34 of the Indian Penal Code.

The allegation against the petitioner No.1 is that petitioner No.1 being PACS Chairman, supplied CMR equivalent to 1147 quintals paddy received by the PACS. It has further been alleged that petitioner No.1 misappropriated a total

Patna High Court CR. MISC. No.16786 of 2019(9) dt.06-09-2019 2/3 amount of Rs.17,77,850/- of the SFC.

Mr. Jai Prakash Singh, learned counsel appearing for the petitioner No.1 submits that petitioner without being prejudiced to his right and contentions, petitioner is ready to pay a sum of Rs.17,77,850/- to Sasaram, Bhabhua Central Cooperative Bank Ltd. Sasaram, in installment by January, 2019, subject to final outcome of the case.

Mr. Agreya Pratap, learned counsel appearing for the BSFC as well as Chandan Kumar, learned counsel appearing for Sasaram Central Cooperative Bank accept the offer made by learned counsel for the petitioner on instruction. Accordingly, the petitioner, above named, is directed to surrender before the learned Court below within a period of six weeks and in the event of surrender by her, she shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Rohtas at Sasaram, subject to payment of a sum of Rs.17,77,850/- in four monthly installment starting from Ist October, 2019 and first installment of Rs. Five lakhs shall be paid by the petitioner positively by Ist October, 2019. It is made clear that the remaining amount shall be

Patna High Court CR. MISC. No.16786 of 2019(9) dt.06-09-2019 3/3 paid by the petitioner in three installment positively by 7th day of every month up to January, 2019.

It is also made clear that at the time of furnishing bail bond, the petitioner will attach the proof of payment of money for first installment to Sasaram, Bhabhua Central Co-operative Bank Ltd. Sasaram along with her surrender-cum-bail application.

In case of any deviation from the terms and conditions of bail, BSFC and bank shall be at liberty to file an appropriate application before the appropriate forum in accordance with law. (Anil Kumar Sinha, J) sanjeev/- U T