Rina Kumari And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28917 of 2015 Arising Out of PS.Case No. -293 Year- 2014 Thana -ISLAMPUR District- NALANDA (BIHARSHARIFF) ======================================================

1. Rina Kumari W/o Vivek Kumar

2. Laxmi Devi W/o Subhash Prasad, Both resident of village- Danapur, P.S.- Islampur, District- Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Prasad For the Opposite Party/s : Mr. Atul Chandra(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 15-09-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioner No. 2 is apprehending her arrest in connection with a case registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code. Learned counsel for the petitioner submits that the allegation of defalcation is wholly misconceived in view of the fact that this petitioner has nothing to do with the issuance of the cheque which was issued by the Chairman of the FACS and one Pramod Kumar who was member of Executive Committee of the FACS. It was submitted that it was the only, that those two persons had entered into an agreement with the Primary Agriculture Society and the Central Co-operative Bank and the

Patna High Court Cr.Misc. No.28917 of 2015 (4) dt.15-09-2015 P2/2 Bihar State Food and Civil Supplies Corporation. So far as this petitioner is concerned, she has no role to play whatsoever but is merely a member of the concerned FACS.

Considering the aforementioned facts and also the fact that there being no cogent material, let the petitioner, in the event of his arrest / surrender within a period of three weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the each amount to the satisfaction of the learned Judicial Magistrate, 1st Class, Hilsa, Nalanda in connection with Islampur P.S. Case No. 293/14 subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Anjana Mishra, J) Saif/- U T