Madhumala Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9983 of 2017 Arising Out of PS.Case No. -300 Year- 2016 Thana -KRITYANAND NAGAR District- PURNIA ======================================================
1. Madhumala Devi, wife of Nirmal Paswan, Resident of Village- Majara, Police Station- K. Nagar (Maranga), District- Purnea.
2. Rita Devi, wife of Raushan Lal Sah, Resident of Village- Kakarjan, Police Station- K. Nagar (Maranga) District- Purnea. .... .... Petitioner/s
Versus
1. The State of Bihar. null null .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajit Kumar Ojha For the Opposite Party/s : Mr. Sri Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-04-2017 Heard learned counsel for the petitioners.
The petitioners are apprehending their arrest in connection with a case for the offences punishable under Sections 406, 409, 420, 467, 468 and 120(B) of the Indian Penal Code. It has been submitted on behalf of the petitioners that petitioner no.1 is the Chairman and petitioner no.2 is the Executive Member of Mazra PACS. The allegation is that Rs. 4,39,740/- is due against them but they have not deposited the amount. It has further been submitted that the petitioners are not responsible for the aforesaid amount but still the petitioners have deposited an amount of Rs. 1,40,000/- and are ready to deposit their liability.
Patna High Court Cr.Misc. No.9983 of 2017 (4) dt.04-04-2017 2/3 Heard A.P.P. also, who opposes the prayer of bail. It appears that there is allegation of embezzlement of Rs. 5,79,740/-, out of which they have deposited an amount of Rs. 1,40,000/- .
In view of the facts and circumstances of the case, let above named petitioners in the event of their arrest/surrender in the court below within a period of one month from today shall surrender in the court below along with Bank Guarantee of Rs. 4,39,740/- and on depositing Bank Guarantee of Rs. 4,39,740/- they shall be released on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M.,, Purnea in K.Nagar (Maranga) P.S.Case No. 300 of 2016,subject to the conditions as laid down u/s 438(2) Cr.P.C. and also subject to the conditions that (1) bailors should be local having sufficient immovable properties within the jurisdiction of the court concerned and (2) petitioners shall co-operate in the investigation and make themselves available before the police as and when required.
It is needless to say that the court below shall grant receipt of Bank Guarantee, if deposited and if the miller deposits total amount due, the bank guarantee shall be returned.
Patna High Court Cr.Misc. No.9983 of 2017 (4) dt.04-04-2017 3/3 In the meantime no coercive step shall be taken against the petitioners in connection with the aforesaid case for the period of one month. No further time shall be granted. (Vinod Kumar Sinha, J) singh/- U T