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Patna High CourtCR. MISC./24343/2017bail granted

Noor Jahan Khatoon And ORS v. The State Of Bihar

2017-07-06Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24343 of 2017 Arising Out of PS.Case No. -40 Year- 2017 Thana -GOGRI District- KHAGARIA ======================================================

1. Noor Jahan Khatoon, Wife of Md. Salauddin,

2. Raja Ram Tanti @ Rajaram Tanti, Son of Chulo Tanti,

3. Parmanand Sah, Son of Triveni Sah,

4. Anil Pandit, Son of Jhumman Pandit,

5. Nutan Devi @ Nyutan Devi, Wife of Mahesh Kumar Yadav,

6. Md. Izhar @ Izhar, Son of Jahid Mian,

7. Ahsmin Khatoon @ Yasmin Khatoon , Wife of Shamsher Ansari, All Resident of Village- Rampur, Police Station- Gogri, District- Khagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Sri Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-07-2017 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 under Sections 409, 420, 467, 468 and 471 of the Indian Penal Code.

Allegation is of irregularity in preparation of the list of beneficiaries of the relief of 2016 flood. Learned counsel for the petitioner submits that the petitioners were ward members and Mukhiya has already been granted anticipatory bail by a Coordinate Bench of this Court vide

Patna High Court Cr.Misc. No.24343 of 2017 (3) dt.06-07-2017 2/2 order dated 08.06.2016 passed in Cr. Misc. No. 20388 of 2017 considering the fact that list of beneficiaries was prepared after scrutiny at different levels including at the level of the Circle Officer who is the informant of the case. Moreover, the ineligible beneficiaries who were initially paid the relief fund have already refunded the amount.

Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Khagaria/successor Court in connection with Gogri Police Station Case No. 40 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. (Birendra Kumar, J) Kundan/- U T