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Patna High CourtCR. MISC./35611/2015disposed

Resham Lal Das v. The State Of Bihar

2015-08-20Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35611 of 2015 Arising Out of PS.Case No. -170 Year- 2011 Thana -MURLIGANJ District- MADHEPURA ====================================================== Resham Lal Das Son of Late Sidhu Das, Former Mukhiya of Gram Panchayat Rajni, P.S.- Muraliganj, District- Madhepura .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar Singh For the Opposite Party/s : Mr. Rajesh Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 20-08-2015 Heard learned counsels for the petitioner and the State.

The petitioner being the Ex-Panchayat Mukhiya is apprehending his arrest in a case registered for the offences punishable under Sections 409, 417, 420 and 423/34 of the Indian Penal Code.

It is alleged that during enquiry it was found that in 2001-2006, 2010-2011 Panchayat Mukhiya and Panchayat Secretary misappropriated the funds with regard to various schemes.

It is submitted by learned counsel for the petitioner that Sushila Devi, the other Panchayat Mukhiya was granted provisional anticipatory bail initially for three months

Patna High Court Cr.Misc. No.35611 of 2015 (2) dt.20-08-2015 2/2 and the same was confirmed on deposit of Rs.1,00,000/-. The petitioner is also ready to deposit Rs.1,00,000/- before the learned court below which will be invested in some fixed deposit scheme in connection with the present case which will be subject to the result of the case.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail provisionally for three months in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Murliganj P.S. Case No. 170 of 2011, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The provisional bail of the petitioner will be confirmed by the learned court below on deposit of Rs.1,00,000/-.

(Dinesh Kumar Singh, J) DKS/- U T