Kavita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20665 of 2020 Arising Out of PS. Case No.-137 Year-2018 Thana- ARIYARI District- Sheikhpura ====================================================== 1.

Kavita Devi W/o Umesh Prasad Resident of Village - Hussainabad, P.S.- Ariyari, Distt.- Sheikhpura.

2.

Nilam Devi W/o Ashok Mahto Resident of Village - Hussainabad, P.S.- Ariyari, Distt.- Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-07-2020 The Court proceeding has been conducted through virtual mode.

Since the physical court proceeding is nonfunctional due to the present pandemic COVID-19, the matter is listed with defects.

Learned counsel for the petitioners undertakes to remove the defects within three weeks of the resumption of the physical Court proceedings. In case of non-removal of the defects within undertaken period, the office shall place the matter before the bench.

Patna High Court CR. MISC. No.20665 of 2020(2) dt.14-07-2020 2/3 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners have renewed their prayer for bail in a case registered for the offences punishable under Sections 409, 420 of the Indian Penal Code, 1860.

The prosecution case as per the written report of Co-operative Extension Officer, Ariyari to the SHO, Ariyari Police Station is to the effect that in compliance to the letter No. 674 dated 24.07.2018, the petitioners being Chairman and Manager of Hussainabad (Ariari) PACS have purchased 1612 quintals of paddy from 14 farmers for the financial year 2017-18. However, the petitioners supplied processed rice only equivalent to 806 quintals of paddy and processed rice equivalent to the 656.80 quintals of paddy have not been supplied to the State Food Corporation Limited.

The prayer for bail of the petitioners was rejected vide order dated 09.01.2019 passed in Cr.

Patna High Court CR. MISC. No.20665 of 2020(2) dt.14-07-2020 3/3 Misc. No. 72167 of 2018 on the ground that petitioners are ready to deposit the loss.

In the circumstance, this Court does not find any ground to revise the earlier order. However, if the petitioners are ready to deposit the loss amount, learned Court below may consider the prayer for regular bail, if the petitioners surrender within a period of ten weeks from today in connection with Ariyari P.S. Case No. 137 of 2018, pending in the Court of learned Sub Divisional Judicial Magistrate, Sheikhpura.

Accordingly the present application stands rejected.

(Dinesh Kumar Singh, J) Shageer/- U T