Tajo v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40710 of 2017 Arising Out of PS.Case No. -105 Year- 2017 Thana -BHAWANIPUR District- PURNIA ====================================================== 1.
Tajo, W/o Md. Ajim, R/o Village- Kushha, P.S.- Bhawanipur, District Purnea .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s : Mr. Shailendra Kumar-1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 12-10-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends her arrest in Bhawanipur P.S. Case No.105 of 2017 instituted for the offence under Section(s) 420, 467, 468, 406, 471 Indian Penal Code. There is allegation in the First Information Report that in the financial year 2011-12 allotment of rupees forty five thousand was made to the accused under Indira Awas Yojna for construction of house on the basis of rent receipts produced by the accused with respect of Khata no.324 and Khesra no.482 area 0.03 decimal. It is alleged in the First Information Report that on verification of the map it was found that river flow from that portion and no construction has been made by the accusedpetitioner.
Patna High Court Cr.Misc. No.40710 of 2017 (4) dt.12-10-2017 2/3 Counsel for the petitioner has submitted that in the year 2011-12 after proper verification of her receipt recommendation was made by the government officials and thereafter she was allotted money under Indira Awas Yojna. The Informant, who is a Circle Officer, after lapse of about six years, has filed the instant case making allegation that on verification from map a river was found to be flown from that area. In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Bhawanipur P.S. Case No.
105 of 2017, she shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the SubDivisional Judicial Magistrate, Purnea, subject to the conditions as laid down under Section 438(2) Cr. P. C.
Patna High Court Cr.Misc. No.40710 of 2017 (4) dt.12-10-2017 3/3 petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Sanjay Priya, J) JA/- U T