Hema Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36819 of 2021 Arising Out of PS. Case No.-76 Year-2021 Thana- PARBATTA District- Khagaria ====================================================== Hema Devi W/O Bilash Prasad Yadav R/O Village-Khiradih, P.ODumariabuzurg, P.S-Parbatta, District-Khagaria, Bihar ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunit Kumar, Advocate For the Opposite Party/s :

Mr.Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-05-2022 Heard learned counsel for the petitioner and learned APP for the State.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks. The petitioner is apprehending her arrest in a case registered under Sections 406, 409, 420/34 of the Indian Penal Code. Allegation is that the accused persons including the petitioner defalcated Rs.6.58 lacs in installing street lights. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. As per the allegation, street lights were obtained at higher price. The petitioner is the Mukhiya of concerned panchayat. For the said reason she has been made accused in the present case. Case has been instituted after four

Patna High Court CR. MISC. No.36819 of 2021(2) dt.18-05-2022 2/2 years of the alleged occurrence. Delay has not been explained by the prosecution. It is further submitted that the petitioner is ready to deposit an amount of Rs.1,00,000/- (one lac) in the court below, which shall be subject to the final disposal of the case. On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the facts and circumstances of the case, the petitioner is directed to deposit Rs.1,00,000/-(one lac) in the court below, which shall be final disposal of the case. On doing so, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st, Khagaria in connection with Parbatta P.S. case No.76/2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T