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Patna High CourtCR. MISC./23574/2019bail granted

Munni Devi v. The State Of Bihar

2019-05-01Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23574 of 2019 Arising Out of PS. Case No.-121 Year-2018 Thana- DHURAIYA District- Banka ====================================================== Munni Devi W/o Pradeep Kumar Singh Resident of Village- Shiripathar, P.S.- Dhoraiya, District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amrendra Kumar Jha, Advocate.

For the Opposite Party/s :

Mr. Parmeshwar Mehta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-05-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends her arrest in connection with Dhoraiya P.S. Case No.121 of 2018/G.R. No.1943 of 2018 registered under Sections 409 and 420 of the Indian Penal Code. The accusation is that the petitioner being the Mukhiya and the Panchayat Secretary received Rs.36,19,700/- under the Chief Minister Scheme for the supply of water in the houses and other purposes but only the work of Rs.5,58,157/- was done by them. In spite of direction given to the petitioner and the Secretary to deposit the remaining amount of Rs.30,61,543/-, only Rs.2,24,142/- was deposited and the remaining amount of Rs.28,37,401/- was misappropriated by

Patna High Court CR. MISC. No.23574 of 2019(3) dt.01-05-2019 2/2 them.

Learned counsel appearing on behalf of the petitioner submits that in the light of the order dated 11.04.2019 passed by a Bench of this Court, the B.D.O. Dhoraiya, has submitted the report through letter no.330 dated 27.04.2019 (flagged at 'E') in which it is detailed that out of Rs.36,19,700/-, the work of Rs.9,99,392/- was done by the petitioner and the Secretary and the remaining amount of Rs.26,20,308/- has been deposited by them and there is no due against them.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of her arrest or surrender by her within six weeks from today, be enlarged on bail on her furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka, in connection with Dhoraiya P.S. Case No.121 of 2018/G.R. No.1943 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U