Sharmila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24577 of 2023 Arising Out of PS. Case No.-471 Year-2022 Thana- LALGANJ District- Vaishali ====================================================== SHARMILA DEVI Wife of Jaychandra Sah Resident of village - Jagannath Basant, P.S.- Lalganj, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 10-05-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Lalganj P.S. Case No. 471 of 2022, registered for the offences punishable under Sections 409, 420, 34 of Indian Penal Code.

The petitioner is ward member and ex officio Chairman of WIMC. The allegation against her is that she has withdrawn Rs. 13,65,000/- for work against "Mukhya Mantri Gali-Nali Yojna". But the required work was not done and only the work of Rs. 4,50,900/- was done.

The learned counsel by filing supplementary affidavit has submitted that the junior engineer has given a

Patna High Court CR. MISC. No.24577 of 2023(2) dt.10-05-2023 2/3 report which is available at page No. 4 (annexure-3) of the supplementary bail petition which shows that entire work has been completed and no work against that scheme is remained to be done.

On the other hand the learned, APP has opposed the prayer for bail.

Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Lalganj P.S. Case No. 471 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

Patna High Court CR. MISC. No.24577 of 2023(2) dt.10-05-2023 3/3 (iii) After release of the petitioner, the learned court below shall verify the fact from D.M., Vaishali whether the work has been completed or not and if it is found that the work is incomplete or the quality of work is not upto mark, the learned court below shall be at liberty to pass appropriate orders. (Nawneet Kumar Pandey, J) Sudha/Sonali U T