Smt. Sindhu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20537 of 2022 Arising Out of PS. Case No.-707 Year-2021 Thana- SIWAN CITY District- Siwan ====================================================== SMT. SINDHU SINGH Wife of Shri Dhananjay Singh Resident of Ram Nagar Ward No. 5, P.S. - Siwan Town, Dist. - Siwan. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar For the Opposite Party/s :
Mr.Satya Nand Shukla Mr. Ravi Bhushan Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-11-2022 Heard learned counsel for the parties.
Petitioner apprehends his arrest in a case registered for the offence punishable under Section 467, 468, 471, 420, 409, 120(B)/34 of the Indian Penal Code.
As per the prosecution case, this petitioner along with other accused persons embezzled amount of Rs. 49,91,500/- and Rs. 4 crore under scheme No. 15/ 2017-18 for widening five feet road south to the stretch of Tarwara Mor to Hospital Mor road and for purchasing land for dumping of garbage, respectively.
Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case on account of political rivalry. The informant is non else
Patna High Court CR. MISC. No.20537 of 2022(6) dt.17-11-2022 2/3 than Ex Minister, Bihar and with a view to settle personal score petitioner has been implicated in this case. It is submitted that decision for purchasing the land was taken in a meeting under specific provision of Bihar Municipal Act which was attended by all the Member of the Board presided by the petitioner, Chair person of the Nagar Parishad. The land purchased by the Nagar Parishad is in possession of Nagar Parishad and on the basis of sale deed and possession Mutation was also done in favour of Nagar Parishad, as such allegation of embezzlement of money is false. It is next submitted that show cause was issued to the petitioner by Urban Development & Housing Department, Government of Bihar vide letter No. 1099 dated 31.08.
2021 on the basis of enquiry report in which the charges and allegations were same, as alleged in the present FIR, and she was removed from the post of Chief Councilor, Nagar Parishad, Siwan but the petitioner challenged the order before this court and the punishment was set aside and State of Bihar was awarded cost of Rs. 25000/- vide order dated 08.02.2022 passed in CWJC No. 20463/ 2021 (annexure-4 to the supplementary affidavit). The petitioner is a lady and she is suffering from various ailments.
Patna High Court CR. MISC. No.20537 of 2022(6) dt.17-11-2022 3/3 that petitioner was contractor of the said work and she was also Chief Councilor of Nagar Parishad, Siwan and in the enquiry it was found that petitioner and other accused embezzled huge government money.
Considering the facts of the case and nature of accusation against the petitioner, let the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall 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 Chief Judicial Magistrate, Siwan in connection with Siwan Town PS case No. 707/ 2021, subject to conditions laid down u/s 438(2) of the Cr. P. C. (Prabhat Kumar Singh, J) BKS/- U T