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Patna High CourtCR. MISC./27981/2017allowed

Madhubala Tiwari v. The State Of Bihar

2017-06-22Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27981 of 2017 Arising Out of PS.Case No. -404 Year- 2012 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Madhubala Tiwari, W/o Shri Vijay Mani Tiwari, R/o Village- Chegauna, P.O.- Narkatiganj, P.S.- Shikarpur, District- West Champaran. .... .... Petitioner.

Versus

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

For the Petitioner : Mr. Ashutosh Tripathy, Adv. For the Opposite Party : Mr. Sanjay Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 22-06-2017 Heard learned for the petitioner and learned A.P.P. for the State.

The petitioner apprehends her arrest in Shikarpur P.S. Case No.404 of 2012 registered under Sections 409, 420, 467, 468, 471 and 34 of the Indian Penal Code.

As per the prosecution case, the petitioner along with other accused persons by hatching conspiracy and manipulating the document sanctioned Rs.35,000.00 under Indira Awas Yojna in favour of Rinki Devi and as such defalcated the government money.

It has been submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence. He has been falsely implicated in this case. She happens to be the ex-Mukhiya of the Panchayat. She has no concern with

Patna High Court Cr.Misc. No.27981 of 2017 (02) dt.22-06-2017 2/2 the said occurrence. Rinki Devi has deposited Rs.35,000.00 and she along with other accused persons have been enlarged on bail by the learned Court below. The allegation levelled against the petitioner is general and omnibus in nature.

Considering the facts aforesaid and the nature of allegation as made against the petitioner, the above named petitioner, in the event of her arrest or surrender before the learned Court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000.00 (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of learned C.J.M., West Champaran at Bettiah in Shikarpur P.S. Case No.404 of 2012, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prakash Chandra Jaiswal, J.) Trivedi/- U T