Shrimati Sheela Devi v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.32083 of 2015 (3) dt.18-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32083 of 2015 Arising Out of PS.Case No. -17 Year- 2015 Thana -KUNDWACHAINPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Shrimati Sheela Devi Wife of Shri Rambabu Chaudhary, resident of village - Hasanpur, P.S. - Kundwachainpur, District - East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Bihar State Food and Civil Supplied Corporation Ltd., Motihari .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. Satyendra Narayan Singh(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 18-08-2015 Heard learned counsel for the petitioner, BSFC and learned counsel for the State.

The petitioner apprehends his arrest in connection with Kundwachainpur P.S. Case No. 17 of 2015 registered for the offences punishable under Sections 406, 409, 120(B), 420 of the Indian Penal Code.

Learned counsel for the petitioner submits that the allegation of defalcation to the tune of Rs. 4,59,63,124.94/- has been made against the petitioner and consequently, the petitioner is facing prosecution. It is further submitted that in connection with the agreement/transaction made between the petitioner and the BSFC, the petitioner had pledged the properties totaling to Rs 9 crores and he is also facing certificate proceeding bearing Certificate Case No. 6 of 2014 pending before the Certificate Officer, East Champaran. It is

Patna High Court Cr.Misc. No.32083 of 2015 (3) dt.18-08-2015 further submitted that in view of the aforementioned actions and security offered by the petitioner and having agreed upon to submit himself to the certificate proceeding, there was no reason why the corporation should have filed the present case against the petitioner.

Considering the aforesaid facts which is not denied by the corporation that there exist such deed of pledge and that the certificate proceeding is also pending. , let the petitioner, in the event of his arrest or surrender before the Court below within a period of three weeks from the date of receipt/production of a copy of this order, 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 Chief Judicial Magistrate, East Champaran, Motihari in connection with Kundwachainpur P.S. Case No. 17 of 2015 subject to the conditions as laid down under Section 438 (2) of the Cr. P.C.

(Anjana Mishra, J) Jagdish/- U T