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Patna High CourtCR. MISC./2079/2017bail granted

Anju Devi And ANR v. State Of Bihar And ANR

2017-02-07Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2079 of 2017 Arising Out of PS.Case No. -34 Year- 2016 Thana -SHEKHPURA COMPLAINT CASE DistrictSEKHPURA ======================================================

1. Anju Devi, w/o Manoj Kumar Singh,

2. Manoj Kumar Singh, s/o Krishnandan Yadav, both resident of Village - Ram Nagar, P.S. - Barbigha, District - Sheikhpura. .... .... Petitioners

Versus

1. The State of Bihar.

2. Sudhir Kumar Chaudhry, s/o Om Prakash Chaudhry, Resident of Village - Samachak, P.S. - Barbigha, District - Sheikhpura. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Bipin Kumar For the Opposite Party/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 07-02-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Complainant Case No. 34C of 2016, registered under Sections 420, 406, 409/34 of the Indian Penal Code and Section 3/4 of SC/ST Act. The allegation of complainant Sudhir Kumar Choudhary is that he is In-Charge Headmaster of Primary School Ram Nagar and petitioner No.1 Anju Devi, wife of petitioner No.2 Manoj Kumar Singh, is Secretary and there is joint account of his name and the name of petitioner No.1 for receiving the government money for construction of the building and other purposes. In the year 2011-12 Rs. 6,65,000/- was withdrawn for construction of school by him and

Patna High Court Cr.Misc. No.2079 of 2017 (2) dt.07-02-2017 2/2 petitioner No.1 and petitioner No.2, being the husband of petitioner No.1 took the said money to complete the work, but petitioner No.2 grabbed the said money and on asking for completion of work petitioner Nos. 1 and 2 threatened him for dire consequences. Learned counsel for the petitioners submits that, in fact, notice was issued to deposit Rs. 6,65000/- to the complainant as he did not start the construction work of building of school and BDO, Barbigha has lodged Barbigha P.S. Case No.75 of 2016 against the complainant and petitioner No.1. Due to that reason the complainant has filed the present compliant case only to save his skin.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sheikhpura in connection with Complaint Case No. 34C of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T