Minta Devi Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25155 of 2018 Arising Out of PS. Case No.-267 Year-2017 Thana- HISUA District- Nawada ====================================================== Minta Devi (Mukhiya), W/o Shankar Manjhi, aged about 30 years, resident of Village- Orro, Grampanchayat- Orro, P.S.- Hisua, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar For the Opposite Party/s :

Mr. Sri Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 25-04-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is a Mukhia. She is apprehending arrest in connection with Hisua P.S. Case No. 367 of 2017 for the offence under sections 467, 468, 471, 406, 409, 420 and 120(B) of the Indian Penal Code.

Counsel for the petitioner submits that petitioner has no criminal antecedent.

Learned counsel for the petitioner submits that there is allegation against the petitioner that she withdrew a sum of Rs. 39,50,238/- in connection with the scheme formulated under the Chief Minister seven vows.

Leaned counsel for the petitioner submits that Mukhia of the Gram Panchyat is required to execute the scheme for the benefit of people at large and as such in furtherance of scheme if the petitioner has exercised her jurisdiction, she cannot be fasten with any accountability.

Patna High Court Cr.Misc. No.25155 of 2018(2) dt.25-04-2018 2/2 Learned counsel has referred to the order passed by a coordinate bench of this court in Cr. Misc. No. 4834 of 2018 and Cr. Misc. No. 7305 of 2018 dated 17.02.2018 whereby similarly circumstanced others namely, Panchayat Secretary and Mukhiya of Gram Panchayat were granted anticipatory bail. Counsel for the petitioner submits that the case of the petitioner is similar to the case of the petitioners who were granted anticipatory bail by this court in the case aforesaid vide order dated 17.2.2018.

Considering the similarity of the case of the petitioner to that of petitioners in Cr. Misc. No. 4834 of 2018 and Cr. Misc. No. 7305 of 2018, let the petitioner, named above, in the event of 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 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 Sessions Judge-I, Nawada, in connection with Hisua P.S. Case No. 267 of 2017 subject to the condition as laid down under section 438(2) of the Cr.P.C.

Ravi/- (Anil Kumar Upadhyay, J) U T