Anu Priya Rai @ Mukhiya Smt. Anu Priya Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37059 of 2021 Arising Out of PS. Case No.-33 Year-2020 Thana- GOPALPUR District- Gopalganj ====================================================== ANU PRIYA RAI @ MUKHIYA SMT. ANU PRIYA RAI Wife of Brijesh Rai @ Brajesh Ray Resident of Village/Mohallah- Chailwa, P.S.- Gopalpur, District- Gopalganj (Bihar), presently Mukhiya, Gram Panchayat Raj Sangawadih, Block- Kuchaikot, District- Gopalganj (Bihar). ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-05-2022 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 Section 409 of the Indian Penal Code. Prosecution case, in short, is that the petitioner without taking necessary approval got the work completed and embezzled government money.

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 falsely been implicated in the present case. Petitioner is a Mukhiya. Certain development works were to be carried out in the

Patna High Court CR. MISC. No.37059 of 2021(2) dt.25-05-2022 2/2 Panchayat. The allegation is of embezzling the public money. Petitioner is a lady. It is further submitted that the petitioner is ready to deposit an amount of Rs.50,000/- (Fifty Thousand) 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 an amount of Rs.50,000/- (Fifty Thousand) in the court below, which shall be subject to the 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 Judicial Magistrate, 1st class, Gopalganj in connection with Gopalpur P.S. case No.33 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Narendra/- (Sudhir Singh, J) U T