Smt. Anita Kumari @ Anita Kumari v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29492 of 2015 Arising Out of PS.Case No. -103 Year- 2015 Thana -UDWANTNAGAR District- BHOJPUR ====================================================== Smt. Anita Kumari @ Anita Kumari W/o Umesh Kumar R/O MohallaSidharth Nagar Anaith Ara, PS- Ara Nawada , Dist- Bhojpur, Proprietor of Puja Rice Mill , Ekauna.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Manager, State Food Corporation, Bhojpur at Ara. .... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. S.N.P. Sinha, Sr. Advocate, Mr. Mukul Prasad and Mr. Rohit Kumar, Advocates.

For the Opposite Party no.1 : Mr. Durgesh Nandan, A.P.P. For the O.P. No. 2: Mr. Shailendra Kumar Singh, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-07-2015 Heard both sides.

The petitioner apprehends her arrest in a case under Sections 406 and 420 of the Indian Penal Code. The petitioner is alleged to have lifted 14276 quintals of paddy from the Bihar State Food & Civil Supplies Corporation Limited for milling. He had to deliver 9564.92 quintals of rice but the petitioner delivered only 2430 quintals of rice. The petitioner is alleged to have misappropriated 7134.92 quintals of rice worth Rs. 1,54,51,097.36. It is submitted that the petitioner did not breach any terms and conditions of the agreement under which the petitioner lifted the paddy. Since no transportation was provided,

Patna High Court Cr.Misc. No.29492 of 2015 (2) dt.27-07-2015 2/2 the rice could not be delivered. However, the petitioner is ready to deposit 20% of the aforesaid amount of Rs. 1,54,51,097.36 within seven months from the date of receipt of this order. A certificate case is also going on. Sri Shailendra Kumar Singh, learned counsel for the BSFC, did not raise any objection on the aforesaid proposal made by the petitioner.

Considering the facts aforesaid, the above named petitioner, in the event of her arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara in Udwantnagar P.S. Case No. 103/2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with a further condition that the petitioner shall deposit 20% of the aforesaid amount of Rs. 1,54,51,097.36 lying due against her within seven months from the date of receipt of this order. In the event, the petitioner fails to deposit the aforesaid amount within the stipulated period, her bail bonds shall be cancelled. (Prabhat Kumar Jha, J) Dilip/- U T