Imen Soren v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27124 of 2019 Arising Out of PS. Case No.-211 Year-2014 Thana- PALASI District- Araria ====================================================== IMEN SOREN, aged about 50 years, Gender-Male, Son of Mathai Soren, Resident of Village - Bareta, P.S.- Kaswa, District- Purnea. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Mrigendra Kumar, Advocate.

For the Opposite Party :

Mr.Uday Pratap Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-04-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 19.11.2018 in a case for the offence registered under Sections 409 and 420/34 of the IPC.

The prosecution story, in brief, is that the petitioner being Secretary of Panchayat Brahkumba Sohander Dehti Dakshin was given money for distribution of social security pension in the said Panchayat. After adjustment of the money as per the vouchers there remained a balance of Rs. 7,41,400/- of Panchayat Dehti Dakshin and total Rs. 12,37,300/-. The petitioner neither submitted the vouchers nor deposited the said balance money of Rs. 12,37,300/- in Nazarat and has misappropriated the same.

Patna High Court CR. MISC. No.27124 of 2019(2) dt.25-04-2019 2/3 It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. Embezzlement of Rs. 12,37,300/- is alleged in the F.I.R. It is further submitted that the petitioner is ready to deposit an amount of Rs. 4,00,000/-(Rupees Four Lacs Only) within a period of one month from the date of release in the learned court below which will be subject to final disposal of the case.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on provisional bail for a period of one month on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Araria, in connection with Palasi P.S. Case No. 211 of 2014.

The petitioner is directed to deposit an amount of Rs. 4,00,000/- (Rupees Four Lacs Only) within a period of one month from the date of release in the learned court below which will be subject to final disposal of the case.

Patna High Court CR. MISC. No.27124 of 2019(2) dt.25-04-2019 3/3 If the petitioner deposits Rs. 4,00,000/-(Rupees Four Lacs Only) within a period of one month from the date of release in the learned court below, the learned court below will confirm the provisional bail granted to the petitioner. (Sudhir Singh, J) U.K./- U T