Ruksana Khatoon @ Rukhsana Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28184 of 2019 Arising Out of PS. Case No.-5 Year-2019 Thana- JHAJHA District- Jamui ====================================================== 1.

RUKSANA KHATOON @ RUKHSANA KHATOON W/O Md. Khurshid Resident of Village - Ward no.3, Teteriya, Panchayat Kanan, P.S.- Jhajha, Distt.- Jamui.

2.

Md. Minhaj Son of Naimuddin Ward Secretary, resident of Village - Ward no.3, Teteriya, Panchayat Kanan, P.S.- Jhajha, Distt.- Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Ranjan Singh For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-07-2019 This application, for grant of anticipatory bail, arises out of Jhajha P.S. Case No. 05 of 2019, disclosing offences under Sections 409 and 420 of the Indian Penal Code. Petitioners happen to be ward member and ward secretary respectively and allegation against them is that under Nal Jal scheme Rs. 46,75,000/- was alloted to the petitioners for execution of the aforesaid scheme but they have not completed the work, though, they have refunded the amount of Rs. 22,22,500/- and misappropriated the remaining amount. Submission of learned counsel for the petitioners is that the F.I.R. itself shows that Rs. 22,22,500/- has been returned by the petitioners and so far remaining amount is

Patna High Court CR. MISC. No.28184 of 2019(3) dt.15-07-2019 2/3 concerned, they have completed the work in excess of Rs. 18,157/- but in spite of that they have been made accused in this case.

Learned counsel for the State opposed the prayer for bail on the ground that nothing has come during investigation that the work has been completed.

Having heard both sides, considering the facts and circumstances of the case, let the petitioners surrender before the court below on 23.07.2019 and on their surrender, the court below shall release them on provisional bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Jamui, in connection with Jhajha P.S. Case No. 05 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure, till submission of charge - sheet and in the meantime, the petitioners shall cooperate in the investigation and produce all the relevant papers in support of their case before the Investigating Officer and the authorities concerned, who will examine the same, however, in spite of that if chargesheet is submitted against the petitioners, they will have to surrender and pray for regular bail before the court below, which

Patna High Court CR. MISC. No.28184 of 2019(3) dt.15-07-2019 3/3 will be considered by the court below on the basis of materials available on record at that time.

(Vinod Kumar Sinha, J) sunilkumar/- U T