Smt. Sarita Kumari @ Sarita Kumari v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57552 of 2015 Arising Out of PS.Case No. -1174 Year- 2015 Thana -SASARAM MUFFASIL District- SASARAM (ROHTAS) ====================================================== Smt. Sarita Kumari @ Sarita Kumari, W/o Ashwani Kumar, resident of Mohalla- Shobhaganj, P.S.- Sasaram (T), District- Rohtas .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Dinesh Prasad Singh, District Manager, State Food Corporation, Rohtas (Sasaram).

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner : Mr. Rakesh Singh, Advocate Mr. Bhaskar Shankar, Advocate For the S t a t e : Mr. P.K. Chourasiya (APP) For the B.S.F.C. : Mr. R.S. Pradhan, Sr. Advocate Mr. Jainandra Kumar, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 15-01-2016 Heard learned counsel for the petitioner and the learned Senior Counsel appearing on behalf of the Bihar State Food Corporation as well as the learned counsel for the State. The petitioner is apprehending her arrest in connection with Sasaram (Muffasil) P.S. Case No.1174 of 2015 for allegedly having committed the offence under Sections 409 and 420 of the Indian Penal Code.

Learned counsel for the petitioner submits that though there is an allegation of defalcation of Rs.14,21,906.70 paise being the quantified amount of CMR of 656.60 quintals of rice, the petitioner is willing and ready to pay 20% of the defalcated

Patna High Court Cr.Misc. No.57552 of 2015 (2) dt.15-01-2016 2/2 amount and is subjected herself to the certificate proceedings as per the agreement arrived at between the parties. Considering the offer made by the petitioner and that the petitioner is willing to pay the said amount, let the petitioner, above named, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released 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 Chief Judicial Magistrate, Rohtas at Sasaram, in connection with Sasaram (Muffasil) P.S. Case No.1174 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

It is made clear that the present order is subject to the condition that petitioner shall deposit the said 20% of the defalcated amount within a period of six weeks from the date of this order.

(Anjana Mishra, J) PNM U T