Srimati Nitu Devi @ Nitu Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4085 of 2015 Arising Out of PS.Case No. -118 Year- 2014 Thana -DHANSOI District- BUXAR ======================================================
1. Srimati Nitu Devi @ Nitu Devi Wife of Rajani Kant Singh, Pressently Mukhiya Gram Panchayat Sikathi, District - Buxar, Resident of Village - Sujatpur, Police Station - Dhansoin, District - Buxar.
2. Uma Shankar Pandey @ Sri Uma Shankar Pandey Son of Sri Shiv Narayan Pandey the then secretary VIllage Panchayat Sikathi, District - Buxar resident of village - Sahopara, Police Station - Buxar Industrial, District - Buxar.
.... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Anil Kumar Roy, Advocate. For the Opposite Party : Mr. Gopesh Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-05-2015 The petitioners are apprehending their arrest in connection with Dhansoin @ Dhansoi P.S. Case No. 118 of 2014 for the offences instituted under Sections 409 and 420/34 of the Indian Penal Code.
Heard learned counsel for the petitioners and the State. The prosecution story, in brief, is that the F.I.R. is based on typed report of Block Panchayat Raj Officer, Rajpur, vide his letter no.1922 dated 09-10-14 as well as by giving reference of letter no.1772 dated 29.09.14 wherein the informant was directed to inquire into the irregularities and embezzlement of govt. fund in purchasing solar light in the Panchayat of informant. Further it is
Patna High Court Cr.Misc. No.4085 of 2015 (3) dt.21-05-2015 2 / 3 stated that above direction was given by the D.M. Buxar in the light of order passed by Hon'ble Court, Patna, in case no.21443/12. The informant further alleged after enquiry found misappropriation of govt. money to the tune of Rs.3,06,900/- up till now and also stated that it is a subject matter of great investigation. It is further mentioned the names of culprits who are Mukhiya and two Panchayat Sewak in the report for lodging case against them.
It has been submitted on behalf of the petitioners that the petitioner no. 1 is the Mukhiya and petitioner no. 2 is the Panchayat Sewak. It has further been submitted that the petitioners have falsely been implicated in the present case due to village politics. It has further been submitted that the petitioners are ready to deposit amount of Rs. 25,000/- each in the court below which shall be subject to final disposal of the case. On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.
Considering the fact that the petitioners are ready to deposit amount of Rs. 25,000/- each in the court below which shall be subject to final disposal of the present case, let the above named, petitioners, be released on bail in the event of their arrest or surrender before the learned court below within a period of
Patna High Court Cr.Misc. No.4085 of 2015 (3) dt.21-05-2015 3 / 3 eight weeks from today in connection with Dhansoin @ Dhansoi P.S. Case No. 118 of 2014 on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M. Buxar, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./- (Sudhir Singh, J) U T