Sunita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22938 of 2022 Arising Out of PS. Case No.-478 Year-2019 Thana- SAHPUR District- Patna ====================================================== 1.

SUNITA KUMARI Wife of Govind Rai Resident of Village - Hawaspur, Police Station- Shahpur, District - Patna.

2.

Govind Rai Son of Prem Chand aRai Resident of Village - Hawaspur, Police Station- Shahpur, District - Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-01-2023 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable u/s 406, 409, 420 read with 34 of the Indian Penal Code.

As per prosecution case, allegation against the petitioner is that they under a conspiracy persuaded the informant to enter "Ikrarnama" with one Ram Shankar proprietor of R.S. enterprises for carrying out work of

Patna High Court CR. MISC. No.22938 of 2022(4) dt.24-01-2023 2/3 "Mukhmantri Saat Nischaye Yojna". It was specifically written in the deed "Ikrarnama" that government money would be paid to Ram Shankar as per the percentage of completion of work. However, the petitioners in conspiracy with Ram Shankar had transferred the said money in the account of Ram Shankar without work being completed and they refused to complete the remaining work of "Nal Jal Yojna".

Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. Learned counsel further submitted that the aforesaid work has already been completed as per letter no. V-1A/22-3144 dated 17.12.2022 issued by the District Magistrate, Patna with regard to Sahpur P.S. Case No. 478 of 2019. The petitioners have accused in one more criminal case as stated in para 3 of the bail petition.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount

Patna High Court CR. MISC. No.22938 of 2022(4) dt.24-01-2023 3/3 each to the satisfaction of learned Court concerned, Patna in connection with Sahpur P.S. Case No. 478 of 2019, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

This application stands allowed.

(Chandra Prakash Singh, J) niku/- U T