Pinki Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31016 of 2014 Arising Out of PS.Case No. -55 Year- 2012 Thana -KARPI District- JEHANABAD ====================================================== Pinki Devi Wife of Niraj Sharma @ Niraj Kishore Sharma Resident of village- Turk Telpa, P.S.- karpi, district- Arwal (Bihar) At Present Mukhiya of Gram Panchayat Raj Mali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinay Kumar Mishra For the Opposite Party/s : Mr. Uday Pratap Singh(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-01-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The petitioner being the Mukhiya of Gram Panchayat Raj Mali is apprehending his arrest in connection with Karpi (Bansi O.P.) P.S. case No.55 of 2012 registered for the offences under Sections 120(B), 420 and 484 of the I.P.C. The informant in the present case is the Director, N.E.P., D.R.D.A., Arwal, who had given an application to the police stating that in the Indira Awas Scheme, Panchayat Secretary of Gram Panchayat Raj Mali has committed irregularities in the allotment and payment of benefits available for Maha-Dalit Class under Indira Awas Scheme. It is submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.31016 of 2014 (5) dt.20-01-2015 2/2 D.C.L.R. has submitted enquiry report regarding 14 beneficiaries of Indira Awas Scheme and had found the allegation against one Binod Kumar to be true who was the Panchayat Secretary of the aforementioned Gram Panchayat. Learned counsel for the petitioner further submits that the petitioner is quite innocent and has been falsely implicated in the present case on the basis of mere speculation. It is further submitted that the Mukhiya has no role whatsoever to play in the allotment and payment of benefits under Indira Awas Scheme.

Considering the aforementioned submissions and the fact that the enquiry report clearly indicts that one Binod Kumar against whom the allegations have been found true and that he has been granted regular bail by a coordinate Bench of this Court in Cr.Misc.7381/14 on 10.4.2014, let the petitioner, above named, in the event of her arrest or surrender before the court below within two weeks from today be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of J.M. 1st Class, Jehanabad, in Karpi(Bansi O.P.) P.S. Case No.55 of 2012 subject to the condition as laid down under Section 438(2) of Cr.P.C.

(Anjana Mishra, J) AnilKrSinha/- U T