Smt. Madhiya Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49388 of 2018 Arising Out of PS.Case No. -115 Year- 2017 Thana -SRI NAGAR District- MADHEPURA ======================================================

1. Smt. Madhiya Devi (Ex-Mukhiya of Laxmipur Bhagwati Panchayat during 2011-2016), W/o Kaman Thakur, Resident of Village- Laxmipur Bhagwati, P.S.- Srinagar, District- Madhepura. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pawan Kumar, Advocate For the Opposite Party/s : Smt. Asha Devi, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-08-2018 Heard the parties. The petitioner seeks anticipatory bail in connection with Srinagar P.S. Case No. 115 of 2017, registered for offences punishable under Sections 420, 406 and 409/34 of the Indian Penal Code.

As per F.I.R., allegation against the petitioner is of committing irregularity in distributing the amount of Indira Awas Scheme among the beneficiaries and it is also alleged that the petitioner in collusion with other co-accused persons give benefit of Indira Awas Scheme to the outsiders of the district. Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated in this case and the

Patna High Court Cr.Misc. No.49388 of 2018 (2) dt.28-08-2018 2/2 petitioner never did fraudulently or dishonesty induced beneficiaries to deliver any property. It is further submitted that neither the petitioner had responsibility for preparation of list of beneficiaries nor she was authorized for distribution of fund among beneficiaries and the petitioner has no criminal antecedent. Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named on surrender or arrest within six weeks be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Madhepura, in connection with Srinagar P. S. Case No. 115 of 2017, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(Vinod Kumar Sinha, J) Sudha/- U T