Smt. Rinku Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43465 of 2017 Arising Out of PS.Case No. -66 Year- 2017 Thana -SHANKARPUR District- MADHEPURA ======================================================
1. Smt. Rinku Devi, Wife of Manoj Kumar @ Manoj Yadav, Resident of Village- Jirva, Madhaili, Ward No. 2, P.S.- Shankarpur, DistrictMadhepura. .... .... Petitioner/s
Versus
1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Singh For the Opposite Party/s : Mr. Sri Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-09-2017 Heard both sides.
The petitioner apprehends her arrest in Shankarpur P.S. case No. 66 of 2017 for the offences punishable under Section 420, 406, 120B of the Indian Penal Code.
The Block Development Officer, Shankarpur, alleged that Manoj Kumar claimed himself to be resident of Ward No.3 and withdrew Rs. 45,000/- under Indira Awas Yojna in the year 2011-12 in the name of his wife, Rinku Devi, the petitioner, but later on it transpired that house of Manoj Kumar is situated in Ward No.2 and the petitioner was directed to deposit the amount. The learned counsel for the petitioner submits that petitioner is ready to deposit the entire amount and the petitioner on 04.05.2017 had filed a petition to deposit the amount in two installments but even thereafter the petitioner has not deposited the
Patna High Court Cr.Misc. No.43465 of 2017 (2) dt.19-09-2017 2/2 amount.
Considering the facts that petitioner is a lady and she did not impersonate herself to be resident of Ward No.3, the petitioner above named 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/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Madhepura in connection with Shankarpur P.S. case No. 66 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
The petitioner shall deposit Rs. 45,000/- within one month from the date of her release and if the petitioner fails to deposit the amount within one month from the date of her release, the learned court below, forthwith, after lapse of one month, shall cancel the bail bonds of the petitioner.
(Prabhat Kumar Jha, J) BKS/- U T